CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
723
stances may require, and shall be sealed and served on the third party in the same manner as a writ of summons is sealed and served.
(2) The notice shall, unless otherwise ordered by the court, be served within the time limited for delivering the defence or, where the notice is served by a defendant to a counterclaim, the reply, and with it there shall be served a copy of the writ of summons or originating summons and of any pleadings delivered in the action.
notice. O. 16A, r. 3.
87. The third party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.
88. The third party may enter an appearance in the action within eight days from service or within such further time as O. 16, r. 4. may be directed by the court and specified in the notice:
Provided that a third party failing to appear within such time may apply to the court for leave to appear, and such leave may be given upon such terms, if any, as the court may think fit.
89. If a third party duly served with a third-party notice does not enter an appearance or makes default in delivering any pleading which he has been ordered to deliver, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.
Default by third party. O. 16A, r. 5.
O. 16A, r. 6.
90. Where a third party makes default in entering an appearance or delivering any pleading which he has been ordered to deliver and the defendant giving the notice suffers judgment by default, such defendant 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
* As amended by Law Rev. Ord., 1939.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
723
stances may require, and shall be sealed and served on the third party in the same manner as a writ of summons is sealed and served.
(2) The notice shall, unless otherwise ordered by the court, be served within the time limited for delivering the defence or, where the notice is served by a defendant to a counterclaim, the reply, and with it there shall be served a copy of the writ of summons or originating summons and of any pleadings delivered in the action.
notice. 0. 16A, r. 3.
87. The third party shall, as from the time of the service Effect of upon him of the notice, be a party to the action with the same rights in respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.
88. The third party may enter an appearance in the action Appearance. within eight days from service or within such further time as 0. 16, r. 4. may be directed by the court and specified in the notice:
Provided that a third party failing to appear within such time may apply to the court for leave to appear, and such leave may be given upon such terms, if any, as the court may think fit.
89. If a third party duly served with a third-party notice does not enter an appearance or makes default in delivering any pleading which he has been ordered to deliver, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.
*
Default by third party. O. 16A, r. 5.
*
0. 16A, г. 6.
*
90. Where a third party makes default in entering an Defendant's appearance or delivering any pleading which he has been ordered remedy. to deliver and the defendant giving the notice suffers judgment by default, such defendant 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
* As amended by Law Rev. Ord., 1939.
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