SHORT TITLE.
935
Schedule,-contd.
AMENDMENT OR REPEAL.
2. The Code of Civil
Procedure, 1901. (No. 3 of 1901),
-contd.
or issue arising between the plaintiff and the defendant and should properly be deter- mined not only as between the plaintiff and the defendant but as between the plaintiff and defendant and the third party or between any or either of them,
the court may give leave to the defendant to issue and serve a 'third-party notice'.
(2) The court may give leave to issue and serve a third-party notice' on an ex parte application supported by affidavit, or, where the court directs a summons to the plaintiff to be issued, upon the hearing of the summons.
0. 16A, r. 2.
86.-(1) The notice shall state the nature Form and and grounds of the claim or the nature of issue of the question or issue sought to be deter- notice. mined and the nature and extent of any relief or remedy claimed. It shall be in accordance with Form No. 12 or Form No. 12a in the Schedule, with such variations Schedule. as circumstances may require, and shall be Forms Nos. sealed and served on the third party in the 12, 12a, same manner as a writ of summons is sealed and served.
(2) The notice shall, unless otherwise ordered by the court, be served within the time limited for delivering the defence or, where the notice is served by a defendant to a counterclaim, the reply, and with it there shall be served a copy of the writ of summons or originating summons and of any pleadings delivered in the action.
87. The third party shall, as from the Effect of time of the service upon him of the notice, notice. be a party to the action with the same 0. 16A, r. 3. rights in respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.
88. The third party may enter an ap- Appearance. pearance in the action within eight days 0. 16a, r. 4. from service or within such further time as may be directed by the court and specified in the notice:
Provided that a third party failing to appear within such time may apply to the court for leave to appear, and such leave may be given upon such terms, if any, as the court may think fit.
0. 16A, r. 5.
89. If a third party duly served with a Default by third-party notice does not enter an ap- third party. pearance or makes default in delivering any pleading which he has been ordered to deliver, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to
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