Key legal question
Whether the plaintiffs' request to implead the heirs of the deceased surety was admissible despite being filed after the cantonal deadline.
Extracted holding
The request was filed after the deadline of Art. 85(1) aCPC/VD and could not be saved by the plaintiffs' lack of information about the heirs.
Extracted reasoning
The cantonal rule required the joinder request to be made by the reply deadline or, absent a reply, by the preliminary hearing. The federal court found no defensible basis for an exception based on ignorance of the heir's identity or whereabouts.