SHORT TITLE.
938
Schedule, contd.
AMENDMENT OR REPEAL.
2. The Code of Civil
Procedure, 1901. (No. 3 of 1901), -contd.
and include every notice so issued and every person served with such notice respectively.
(2) Where a person served with a notice under this section by a third party in turn makes such a claim as is defined in section 85 against another person not already a party to the action, sections 85 to 92E as applied by this section shall have effect as regards such further person and any other further person or persons so served and so on successively.
92D.-(1) Where 3. defendant claims Co- against another defendant-
defendants. 0. 16A,
(a) that he is entitled to contribution or r. 12. indemnity, or
(b) that he is entitled to any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or
(c) that any question or issue relating to or connected with the said subject- matter is substantially the same as some question or issue arising between the plain- tiff and the defendant making the claim and should properly be determined not only as between the plaintiff and the de- fendant making the claim but as between the plaintiff and that defendant and an- other defendant or between any or either of them,
the defendant making the claim may with- out any leave issue and serve on such other defendant a notice making such claim or specifying such question or issue.
(2) No appearance to such notice shall be necessary and the same procedure shall be adopted for the determination of such claim, question or issue between the de- fendants as would be appropriate under sections 85 to 92E if he were a third party.
(3) Nothing herein contained shall prej- udice the rights of the plaintiff against any defendant to the action.
92E. In sections 85 to 92D the words Counter-
'plaintiff' and 'defendant' respectively claim. shall include a plaintiff and a defendant 0.16a, r. 13
to a counterclaim.'
(10) Section 104 is amended by the insertion in the seventh line, immediately after the words premises claimed ", of the words and except also claims for payment of principal money or interest secured by or for any other relief in respect of mortgage or charge of such land:
(11) The heading
19
Certain special defences and sections 152 to 160 are repealed and the following heading and sections 152 to 158 substituted-