1140
Procedure when third party does not appear,
decided in
No. 3 of 1901. CODE OF CIVIL PROCEDURE.
88.--(1) Where a third party makes default in entering an appearance in the action, in case the action is tried and results in favour of the plaintiff, the court may, at or after the trial, enter such judgment as the nature of the case may require for the defendant giving the notice against the third party: Provided that execution thereof shall not be issued without leave of the court until after satisfaction by such defendant of the judgment against him.
favour of plaintiff. O. 16, r. 51.
Application
for directions
when third
party appears.
app: 52.
Schedule.
Form No. 13.
Directions which may be given when third party appears.
O. 16, r. 53. Form No. 14.
Schedule.
**
(2) If the action is finally decided in the plaintiff's favour otherwise than by trial, the court may, on application by motion or summons, as the case may be, order such judgment as the nature of the case may require to be entered for the defendant giving the notice against the third party at any time after satisfaction by such defendant of the judgment against him.
89. Where a third party enters an appearance in the action, the defendant giving the notice may apply to the court for directions, and the court, on the hearing of such application, may, if it is satisfied that there is a question proper to be tried as to the liability of the third party to make the contribution or indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the court may direct; and, if it is not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party.
90. The court, on the hearing of the application mentioned in section 89, may, if it appears desirable to do so, give the third party liberty to defend the action, on such terms as may be just, or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, documents to be delivered, or amendments to be made, and give such directions as the court may think proper for having the question most conveniently determined, and as to the mode and extent in or to which the third party shall be bound or made liable by the judgment in the action.
* As amended by Law Rev. Ord., 1924.