A.D. 1901.]
CODE OF CIVIL PROCEDURE.
served to
671
[No. 3. 86.-(1.) If a person, not a party to the action, who is served as Right of mentioned in the last preceding section (hereinafter called the third third party party) desires to dispute the plaintiff's claim in the action as against the appear and defendant on whose behalf the notice has been given or his own liability liability of
dispute to the defendant, the third party must enter an appearance in the action defendant or within 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, and such leave may be given on such terms, if any, as the Court may think just.
87. Where a third party makes default in entering an appearance in the action, in case the defendant giving the notice suffers judgment by default, he shall be entitled, at any time after satisfaction of the judgment against himself or before such satisfaction, by leave of the Court, to enter judgment against the third party to the extent of the contribution or indemnity claimed 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.
of himself.
O. 16 r. 49.
Procedure
where third
not appear,
party does
is suffered by and judgment
default.
1b. r. 50.
where third party does
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.
(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
45
not appear, and action is favour of
decided in
plaintiff. Ib. r. 51.
Application for directions party appears. schedule: Form No. 13.
where third
Ib. r. 52.
Page 20
Page 21
A.D. 1901.]
CODE OF CIVIL PROCEDURE.
served to
671
[No. 3. 86.-(1.) If a person, not a party to the action, who is served as Right of mentioned in the last preceding section (hereinafter called the third third party party) desires to dispute the plaintiff's claim in the action as against the appear and defendant on whose behalf the notice has been given or his own liability liability of
dispute to the defendant, the third party must enter an appearance in the action defendant or within 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, and such leave may be given on such terms, if any, as the Court may think just..
87. Where a third party makes default in entering an appearance in the action, in case the defendant giving the notice suffers judgment by default, he shall be entitled, at any time after satisfaction of the judg- ment against himself or before such satisfaction, by leave of the Court, to enter judgment against the third party to the extent of the con- tribution or indemnity claimed 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.
of himself.
0. 16 r. 49.
Procedure
where third
not appear, party does
is suffered by and judgment
default.
1b. r. 50.
where third party does
88.-(1.) Where a third party makes default in entering an appear- Procedure ance 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 defen- dant of the judgment against him.
(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 judg- ment 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
45
not appear, and action is favour of
decided in
plaintiff. Ib. r. 51.
Application for directions party appears. schedule: Form No..13.
where third
Ib. r. 52.
Page 20Page 21
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