ORDER 5CAUSES OF ACTION AND PARTIES

Claim to money in court where change in parties after judgment

13.—(1) Where any change has taken place after judgment, by death, assignment or otherwise, in the parties to any action or matter and there is money standing in court to the credit of the action or matter, any person claiming to be entitled to the money may give to the proper officer notice of his claim, accompanied by an affidavit verifying the facts stated in the notice.

(2) The registrar may, if satisfied as to the entitlement of the person giving the notice, cause the money to be paid to him or may refer the claim to the judge and may require the claimant to give notice of the claim to any other person.

(3) It shall not be necessary for notice to be given under this rule where the person claiming to be entitled to the money in court has obtained leave under Order 26, rule 5, to issue a warrant of execution.