CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1157
(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.
for directions appears.
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 defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the Court may direct; and, if it is not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party.
which may ib. r. 53. form: 14.
90. The Court, on the hearing of the application mentioned in the last section, may, if it appears desirable to do so, give the third party liberty to defend the action, on such terms as may be just, or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, documents to be delivered, or amendments to be made, and give such directions as the Court may think proper for having the question most conveniently determined, and as to the mode and extent in or to which the third party shall be bound or made liable by the judgment in the action.
*
91. The Court may decide all questions of costs as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other or others, or give such direction as to costs as the justice of the case may require.
92. Where a defendant claims to be entitled to contribution or indemnity against any other defendant to the action, a notice may be issued and the same procedure shall be adopted, for the determination of such questions between the defendants, as would be issued against such other defendant if such last-mentioned defendant.
* As amended by No. 50 of 1911.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
1157
(2) If the action is finally decided in the plaintiff's favour other- wise 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.
for directions
appears.
89. Where a third party enters an appearance in the action, the Application defendant giving the notice may apply to the Court for directions, when third and the Court, on the hearing of such application, may, if it is party satisfied that there is a question proper to be tried as to the liability 0.16 r. 52. of the third party to make the contribution or indemnity claimed, forin 13. in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the Court may direct; and, if it is not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party.
which may
ib. r. 53. form: 14.
90. The Court, on the hearing of the application mentioned in the Directions last section, may, if it appears desirable to do so, give the third be given party liberty to defend the action, on such terms as may be just,
when third or to appear at the trial and take such part therein as may be just, appears.
party and generally may order such proceedings to be taken, documents to be delivered, or amendments to be made, and give such directions as the Court may think proper for having the question most con- veniently determined, and as to the mode and extent in or to which the third party shall be bound or made liable by the judgment in the action.
*
91. The Court may decide all questions of costs as between a Decision of third party and the other parties to the action, and may order any costs.
questions of one or more to pay the costs of any other or others, or give such ib.r.54. direction as to costs as the justice of the case may require.
92. Where a defendant claims to be entitled to contribution or Case of indemnity against any other defendant to the action, a notice may claiming
defendant be issued and the same procedure shall be adopted, for the determi- contribution nation of such questions between the defendants, as would be issued against co-
or indemnity and taken against such other defendant if such last-mentioned
defendant.
* As amended by No. 50 of 1911.
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