1156
No. 3 of 1901.
Right of third party served to appear and dispute liability of defendant or of himself. O. 16 r. 49.
CODE OF CIVIL PROCEDURE.
(2) A copy of such notice shall be filed in the Registry, and shall be served on such person in the same manner as a writ of summons in an action.
(3) The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by the Court, be served within the time limited for filing the statement of defence of such defendant.
(4) With the notice there shall be served a copy of the statement of claim.
86.(1) If a person, not a party to the action, who is served as mentioned in the last section (hereinafter called the third party) desires to dispute the plaintiff's claim in the action as against the defendant on whose behalf the notice has been given, or his own liability to the defendant, the third party must enter an appearance in the action within 8 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 8 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.
default. ib. r. 50.
Procedure when third party does not appear, and action is decided in favour of plaintiff. ib.r. 51.
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.
* As amended by No. 50 of 1911.
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Page 26
1156
No. 3 of 1901.
Right of third party served to appear and dispute liability of defendant or of himself. 0. 16 r. 49.
*
Procedure where third party does
not appear
is suffered by
CODE OF CIVIL PROCEDURE.
(2) A copy of such notice shall be filed in the Registry, and shall be served on such person in the same manner as a writ of summons in an action.
(3) The notice shall state the nature and grounds of the claim, and shall, unless otherwise ordered by the Court, be served within the time limited for filing the statement of defence of such defendant.
(4) With the notice there shall be served a copy of the statement of claim.
86.(1) If a person, not a party to the action, who is served as mentioned in the last section (hereinafter called the third party) desires to dispute the plaintiff's claim in the action as against the defendant on whose behalf the notice has been given, or his own liability to the defendant, the third party must enter an appearance in the action within 8 days from the service of the notice.
鉴
(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 8 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 judg- and judgment ment 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.
default. ib. r. 50.
Procedure when third party does
not appear,
and action is decided in favour of plaintiff. ib.r. 51.
88.-(1) Where a third party makes default in entering an appear- 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 judg- ment 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.
* As amended by No. 50 of 1911.
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