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No. 3 of 1901.
CODE OF CIVIL PROCEDURE.
Third party directions.
O. 16A, r. 7.
Leave to defend.
O. 16A, r. 8.
third party to the extent of any contribution or indemnity claimed in the third-party notice, or by leave of the court to enter such judgment in respect of any other relief or remedy claimed as the court shall direct:
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Provided that it shall be lawful for the court to set aside or vary such judgment against the third party upon such terms as may seem just.
91.-(1) If the third party enters an appearance the defendant giving notice may, after serving notice of the intended application upon the plaintiff, the third party and any other defendant, apply to the court for directions, and the court may-
(a) where the liability of the third party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant giving the notice, or
(b) if satisfied that there is a question or issue proper to be tried as between the plaintiff and the defendant and the third party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third party to make any contribution or indemnity claimed, in whole or in part, or as to any other relief or remedy claimed in the notice by the defendant or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant but as between the plaintiff, the defendant and the third party or any or either of them, order such question or issue to be tried in such manner as the court may direct, or
(c) dismiss the application.
(2) Any directions given pursuant to this section may be given either before or after any judgment has been signed by the plaintiff against the defendant in the action, and may be varied from time to time and may be rescinded.
(3) The third party proceedings may at any time be set aside by the court.
92. The court upon the hearing of the application for directions may, if it appears desirable to do so, give the third party liberty to defend the action, either alone or jointly with
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As amended by Law Rev. Ord., 1939.
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