1988 Ed.] The Rules of the Supreme Court-Order 16
[CAP. 4
A 53
then, subject to paragraph (2), the defendant may issue a notice in Form No. 20 or 21 in Appendix A, whichever is appropriate (in this Order referred to as a third party notice), containing a statement of the nature of the claim made against him and, as the case may be, either of the nature and grounds of the claim made by him or of the question or issue required to be determined.
(2) A defendant to an action may not issue a third party notice without the leave of the Court unless the action was begun by writ and he issues the notice before serving his defence on the plaintiff.
(3) Where a third party notice is served on the person against whom it is issued, he shall as from the time of service be a party to the action (in this Order referred to as a third party) with the same rights in respect of his defence against any claim made against him in the notice and otherwise as if he had been duly sued in the ordinary way by the defendant by whom the notice is issued,
Application for leave to issue third party notice (O. 16, r. 2)
2. (1) Application for leave to issue a third party notice may be made ex parte but the Court may direct a summons for leave to be issued.
(2) An application for leave to issue a third party notice must be supported by an affidavit stating--
(a) the nature of the claim made by the plaintiff in the action;
(b) the stage which proceedings in the action have reached;
(c) the nature of the claim made by the applicant or particulars of the question or issue required to be determined, as the case may be, and the facts on which the proposed third party notice is based; and
(d) the name and address of the person against whom the third party notice is to be issued.
Issue, service and acknowledgment of service, of third party notice
(O. 16, r. 3)
3. (1) The order granting leave to issue a third party notice may contain directions as to the period within which the notice is to be issued.
(2) There must be served with every third party notice a copy of the writ or originating summons by which the action was begun and of the pleadings (if any) served in the action and a form of acknowledgment of service in Form No. 14 in Appendix A with such modifications as may be appropriate.
(3) The appropriate office for acknowledging service of a third party notice is the Registry.
[Subsidiary]
App. A. Form 14.