CODE OF CIVIL PROCEDURE.
Third-party procedure.
No. 3 of 1901. 1139
a defendant to a party notice, give third-
85.-(1) Where a defendant claims to be entitled to Right of contribution or indemnity over against any person not party to the action, he may, by leave of the court, issue notice (hereinafter called the third-party notice) to that effect, and filing and sealed with the seal of the court.
service thereof. O. 16, r. 48.
Form No. 12.
(2) A copy of such notice shall be filed in the Registry, Schedule. and shall be served on such person in the same manner as a writ of summons in an action.
(3) The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by the court, be served within the time limited for filing the statement of defence of such defendant.
(4) With the notice there shall be served a copy of the statement of claim.
served to
86.-(1) If a person, not a party to the action, who is Right of served as mentioned in section 85 (hereinafter called the third party third party) desires to dispute the plaintiff's claim in the action as against the defendant on whose behalf the notice has been given, or his own liability to the defendant, the third party must enter an appearance in the action within O. 16, r. 49. eight days from the service of the notice.
(2) In default of his so doing, he shall be deemed to admit the validity of any judgment obtained against such defendant, whether obtained by consent or otherwise, and his own liability to contribute or indemnify, as the case may be, to the extent claimed in the third-party notice: Provided that a person so served and failing to appear within the said period of eight days may apply to the court for leave to appear, such leave may be given on such terms, if any, as the court may think just.
defendant or liability of
of himself.
*
party does
and judgment
87. Where a third party makes default in entering an Procedure appearance in the action, in case the defendant giving the where third notice suffers judgment by default, he shall be entitled, at any not appear time after satisfaction of the judgment against himself or is suffered by before such satisfaction, by leave of the court, to enter default. judgment against the third party to the extent of the O. 16, r. 50. contribution or indemnity in the third-party notice: Provided that it shall be lawful for the court to set aside or vary such judgment on such terms as may seem just.
* As amended by Law Rev. Ord., 1924.