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Act of Sederunt (Rules of the Court of Session 1994) 1994
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Substitution of creditor or contributory for petitioner
74.24.—(1) Where a petitioner in the petition–
(a)is subsequently found not entitled to present the petition,
(b)fails to make intimation, service and advertisement as directed by the court,
(c)moves or consents to withdraw the petition or to allow it to be dismissed or refused,
(d)fails to appear when the petition is called for hearing, or
(e)appears, but does not move for an order in terms of the prayer of the petition,
the court may, on such terms as it thinks fit, sist as petitioner in place of the original petitioner any creditor or contributory who, in the opinion of the court, is entitled to present the petition.
(2) An application by a creditor or a contributory to be sisted under paragraph (1)–
(a)may be made at any time before the petition is dismissed or refused, and
(b)shall be made by note;
and, if necessary, the court may continue the petition for a specified period to allow a note to be presented.
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