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out until after decree, and then if any costs shall have been awarded to the defendant such costs shall be deducted therefrom and paid to the defendant.
Order XIV.
Change of Parties in Equity Suits.
1. Where in any equity suit or matter there shall be any assignment, creation, or devolution of the estate, right, or title of a plaintiff before final decree, the Judge may, upon the ex parte application of the person to or upon whom such estate, right, or title has come or devolved, or of any party to the suit or matter, grounded upon an affidavit setting forth the fact of such assignment, creation, or devolution, make an order that such person be substituted for or made a joint plaintiff with the plaintiff named in the original Civil Bill, or the Judge may, before making such order, require such notice of the application to be served as he may think fit.
2. Where in any equity suit or matter there shall be any assignment, creation, or devolution of the estate, right, or title of a defendant, the Judge may, on ex parte application grounded upon an affidavit setting forth the fact of such assignment, creation, or devolution, make an order that the person to or upon whom such estate, right, or title has come or devolved may be substituted for or made a joint defendant with the defendant named in the original Civil Bill, or the Judge may require such notice of the application to be served as he may think fit.
3. Where an order has been made under either of the two preceding Rules, the title of the suit in the Equity Books shall be altered accordingly, and all subsequent proceedings carried on under the altered title.
4. Where in any suit or matter one or more of several plain- tiffs or defendants shall die before final decree, the suit or matter shall not abate if the cause of action survive or continue.
Oorder XV.
Evidence.
1. Except where otherwise provided by these rules or by statute the evidence of witnesses shall be taken viva voce on oath. When by these rules evidence is required or permitted to be taken by affidavit, such evidence may not withstanding be taken vivá voce on oath if the Judge at the bearing of any appli- cation or otherwise so direct.