58. Power to give judgment in absence of trustee

Where in any action the court is satisfied that diligent search has been made for any person who, in the character of trustee, is made a defendant in any action, to serve the person with a process of the court, and that the person cannot be found, the court may hear and determine the action and give judgment against that person in that person’s character of a trustee as if that person had been duly served, or had filed and served a notice of intention to contest or not contest in the action, and had also appeared by that person’s solicitor at the hearing, but without prejudice to any interest that person may have in the matters in question in the action in any other character.