255 Abatement of petition


An election petition to which section 229(3) applies shall be abated by the death of a sole petitioner or of the survivor of several petitioners.


The abatement of a petition shall not affect the liability of the petitioner or any other person to the payment of costs previously incurred.


On the abatement of a petition, notice of the abatement shall be given in the prescribed manner; and, within 28 days after the notice is given, any person who might have been a petitioner in respect of the election may apply to the High Court in the prescribed manner to be substituted as a petitioner. On any such application the High Court may, if it thinks fit, substitute the applicant accordingly.


Security shall be given on behalf of a petitioner so substituted, as in the case of a new petition.

Compare: 1956 No 107 s 181