722
No. 3 of 1901.
CIVIL
CODE OF CIVIL PROCEDURE.
Right
to appear on claim
against
estate under administration.
O. 16, r. 47.
Third-party notice.
O. 16A, r. 1.
Form and issue of notice.
O. 16A, r. 2.
*
Schedule. Forms
Nos. 12, 12A.
84.—(1) In any cause or matter for the administration of the estate of a deceased person, no party other than the executor or administrator shall, except by leave of the court, be entitled to appear, either in court or in chambers, on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability.
(2) The court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, on such terms as to costs or otherwise as it may think fit.
Third-party procedure.
85.—(1) Where in any action a defendant claims as against any person not already a party to the action (hereinafter called the third party)----
(a) that he is entitled to contribution or indemnity, or
(b) that he is entitled to any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or
(c) that any question or issue relating to or connected with the said subject-matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and defendant and the third party or between any or either of them,
the court may give leave to the defendant to issue and serve a third-party notice.
44
(2) The court may give leave to issue and serve a third-party notice on an ex parte application supported by affidavit, or, where the court directs a summons to the plaintiff to be issued, upon the hearing of the summons.
86.—(1) The notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed. It shall be in accordance with Form No. 12 or Form No. 12A in the Schedule, with such variations as circumstances may require.
* As amended by Law Rev. Ord., 1939.
722
No. 3 of 1901.
CIVIL
CODE OF CIVIL PROCEDURE.
Right
to appear on claim
against
estate under administra tion.
(). 16, r. 47.
Third-party notice.
0. 16A, r. 1.
Form and issue of notice.
0. 16A, r. 2.
*
Schedule. Forms
Nos. 12, 12.
84.—(1) In any cause or matter for the administration of the estate of a deceased person, no party other than the executor or administrator shall, except by leave of the court, be entitled to appear, either in court or in chambers, on the claim of any person not a party to the cause or matter against the estate of the deceased person in respect of any debt or liability.
(2) The court may direct or give liberty to any other party to the cause or matter to appear, either in addition to or in the place of the executor or administrator, on such terms as to costs or otherwise as it may think fit.
Third-party procedure.
85.---(1) Where in any action a defendant claims as against any person not already a party to the action (hereinafter called the third party)----
(a) that he is entitled to contribution or indemnity, or
(b) that he is entitled to any relief or remedy relating to or connected with the original subject-matter of the action and substantially the same as some relief or remedy claimed by the plaintiff, or
(c) that any question or issue relating to or connected with the said subject-matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and defendant and the third party or between any or either of them,
the court may give leave to the defendant to issue and serve a
third-party notice ".
44
(2) The court may give leave to issue and serve a 'third- party notice
on an ex parte application supported by affidavit, or, where the court directs a summons to the plaintiff to be issued, upon the hearing of the summons.
86.—(1) The notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed. It shall be in accordance with Form
No. 12 or Form No. 124 in the Schedule, with such variations as circum-
* As amended by Law Rev. Ord., 1939.
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