599596-1939-Supplementary-Draft-Bill--Law-Revision — Page 7

SHORT TITLE.

936

Schedule, contd.

AMENDMENT OR REPEAL.

2. The Code of Civil

Procedure, 1901. (No. 3 of 1901), -contd.

admit his liability in respect of such con- tribution or indemnity or other relief or remedy.

90. Where a third party makes default Defendant's in entering an appearance or delivering remedy. any pleading which he has been ordered to 0. 16a, r. 6. deliver and the defendant giving the notice suffers judgment by default, such defend- ant shall be entitled at any time, after satisfaction of the judgment against him- self, or before such satisfaction by leave of the court, to enter judgment against the third party to the extent of any contri- bution 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:

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 ap- Third party

directions.

pearance the defendant giving notice may, 0. 16A, r. 7.

after serving notice of the intended applica- tion 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 estab- lished 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

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(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 indem- nity 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 plain- tiff and the defendant but as between the plaintiff, the defendant and the third party or any or either of them, order such ques- tion or issue to be tried in such manner as the court may direct, or

(e) 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.