CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
725
the original defendant, upon 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, pleadings or documents to be delivered, or amendments to be made, and give such directions as to the court may appear proper for having the question and the rights and liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.
O. 16A, r. 9.
92A.—(1) Where the action is tried, the court may, at or after the trial, enter such judgment as the nature of the case may require for or against the defendant giving the notice against or for the third party, and may grant to the defendant or to the third party any relief or remedy which might properly have been granted if the third party had been made a defendant to an action duly instituted against him by the defendant:
Provided that execution shall not be issued without leave of the court until after satisfaction by the defendant of the judgment against him.
(2) Where the action is decided otherwise than by trial, the court may, on application by motion or summons, make such order as the nature of the case may require, and, where the plaintiff has recovered judgment against the defendant, may order such judgment as may be just to be entered for or against the defendant giving notice against or for the third party.
92B. The court may decide all questions of costs as between Costs. O. 16A, r. 10 a third party and other parties to the action, and may order any one or more of them to pay the costs of any other, or others, or give such directions as to costs as the justice of the case may require.
92C.—(1) Where a third party makes as against any person Fourth and not already a party to the action such a claim as is defined in subsequent parties. section 85, the provisions of sections 85 to 92E regulating the O. 16A, r. 11. rights and procedure as between the defendant and the third party shall apply mutatis mutandis as between the third party and such other person, and the court may give leave to such third party to issue a third-party notice, and sections 85 to 92B shall apply mutatis mutandis, and the expressions "third-party
* As amended by Law Rev. Ord., 1939.
CODE OF CIVIL PROCEDURE.
No. 3 of 1901.
725
the original defendant, upon 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, plead- ings or documents to be delivered, or amendments to be made, and give such directions as to the court may appear proper for having the question and the rights and liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third party shall be bound or made liable by the decision or judgment in the action.
Q. 16A, r. 9.
*
92A.-(1) Where the action is tried, the court may, at or At trial. after the trial, enter such judgment as the nature of the case may require for or against the defendant giving the notice against or for the third party, and may grant to the defendant or to the third party any relief or remedy which might properly have been granted if the third party had been made a defendant to an action duly instituted against him by the defendant:
Provided that execution shall not be issued without leave of the court until after satisfaction by the defendant of the judgment against him.
(2) Where the action is decided otherwise than by trial, the court may, on application by motion or summons, make such order as the nature of the case may require, and, where the plaintiff has recovered judgment against the defendant, may order such judgment as may be just to be entered for or against · the defendant giving notice against or for the third party.
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92B. The court may decide all questions of costs as between Costs.
0. 16A, r. 10 a third party and other parties to the action, and may order any one or more of them to pay the costs of any other, or others, or give such directions as to costs as the justice of the case may require.
92C.—(1) Where a third party makes as against any person Fourth and not already a party to the action such a claim as is defined in subsequent
parties. section 85, the provisions of sections 85 to 92E regulating the O. 16A, r. 11. rights and procedure as between the defendant and the third party shall apply mutatis mutandis as between the third party and such other person, and the court may give leave to such third party to issue a third-party notice, and sections 85 to 92B shall apply mutatis mutandis, and the expressions "third-party
* As amended by Law Rev. Ord., 1939.
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