Third Party Notice
Where a defendant in an action claims as against a person who was not a party to the action that
- he is entitled to contribution or indemnity or
- that he is entitled to any relief or remedy related to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant or
- that a question or issue relating to or connected with the subject matter is substantially the same as that arising in the action and should properly be determined not only between the claimant and defendant but also between the claimant defendant and third party or any of them;
the court may give leave to the defendant to issue a third party notice. The court may, if it shall appear desirable, give the third party liberty to appear at the trial and take such part in it as may be just. It may give such directions as shall appear proper for having any question or the rights or liabilities of the parties must conveniently determined and as the extent to which the third party shall be bound by and be liable on the judgement in the case.
The application for leave is made by motion on notice to the claimant. Unless the claimant wishes to add the third party as a defendant, he need not attend the motion. If he does attend, he is not entitled to costs, except by court order.
An application for leave to issue a third party notice, shall unless the court otherwise orders be made within 28 days of the time for delivery of the defence and the case of a counterclaim, the reply to the counterclaim. It shall state
- the nature and grounds of the claim;
- the nature of the question or issues are to be determined and
- the nature and extent of any relief or remedy claimed and any directions given by the court above.
The third party notice shall be in the prescribed form and sealed and shall be served on the third party in the same manner as the summons. The notice shall unless otherwise ordered, be served within 28 days of the making of the order together with a copy of the originating summons and pleadings delivered in the action to date.
Third Party Response
The third party shall from the date of service of the third party notice, be a party to the action with the rights and defences in respect of any claim against him as if he had been sued in an ordinary way by the defendant. The third party may enter an appearance within eight days or such further time as may be directed by the court and specified in the notice. If he fails to appear within such time, he may apply to the court for leave to appear which may be given on such terms, as the court thinks fit. The memorandum of appearance is in a prescribed form.
Where the third party has entered an appearance and requested a statement of claim, the defendant is to deliver a statement of claim within 21 days of the entry of appearance. Where the third-party has entered an appearance, he shall deliver a defence, where he has not requested a statement of claim, within 28 days of the entry of appearance. Where if he has requested a statement of claim, he shall deliver a defence within 28 days from the date of delivery of the statement of claim.
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 or is as bound to deliver, he is deemed to admit the validity of and is bound by any judgement in the action, whether by made by consent or not and the decision on this and any questions specified in the notice. When contribution or indemnity or other relief is claimed against him in the notice, he is deemed to admit his liability in respect of such contribution or indemnity or other relief.
Where a third party makes default in entering an appearance or delivering any pleading which has been ordered or is bound to deliver and the defendant giving notice is subject to judgement by default, such defendant shall be entitled at any time after satisfaction of the judgement against himself or before such satisfaction, by leave of the court to enter judgement against the third party to the extent of any contribution and indemnity claimed in the third party notice or by leave of court, to enter judgement in respect of any other relief or remedy claimed as the court shall direct. It should be lawful for the court to set aside or vary a judgement against the third party on such terms as may appear just.
Third Party Application
After the third party enters an appearance and before the time limited for delivery of defence, it may after serving notice of the intended application on the claimant and all defendants, apply to the court to vary any directions given by the court above. After the third party has delivered his defence, the defendant giving notice may after serving notice of the intended application upon the claimant, the third party and other defendants, may apply to the court for directions.
In such application, the court may where the liability of the third party to the defendant giving notice is established in the hearing of the application, make such order as the nature of the case may require, against the third party in favour of the defendant giving a notice.
The court may, if satisfied that there is an issue or question proper to be tried as between the claimant and defendant and the third party or between any or either of them as to the liability of the defendant, the claimant or the liability of the third party to make any contribution or indemnity claimed in whole or in part or as to any relief or indemnity claimed in the notice or that a question or issues stated in the notice should be determined as between claimant, defendant and third-party or any of them, may try such question or issue or order it to be tried in such manner as the court may direct.
If it shall appear desirable to do so, the court may give the third party liberty to defend the action either alone or jointly upon such terms as may be just. Alternatively, it may dismiss the action.
Any directions given may be given before or after any judgement has been obtained by the claimant against the defendant may be varied from time to time or rescinded.
The third party proceedings may be set aside by the court at any time.
Third Party and the Trial
Where the action is tried, the court trying the action may at or after the trial gives such judgement as the nature of the case requires for or against the defendant giving a notice against the third-party. It may grant the defendant or 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 commenced against him by the defendant. Execution shall not be issued against the third party without leave of court prior to satisfaction by the defendant of any judgement against him.
Where the action is decided other than by trial the court may on application make such order as the nature of the case may require. Where the claimant has recovered judgement against the defendant, it may order such judgement s may be just to be entered for or against the defendant giving notice against or for the third party.
The court may decide all questions of costs as between the third party and other parties to the action. It may order any one or more to pay the costs of any others or give such directions as to costs, as the justice of the case may require.
Where a third party makes as against a person that is not already party to the action, such claim as above (to which the third party rules apply), the provisions of the rules regulating the rights and procedures as between the defendant and the third party shall apply as between the third party and such other person.
Further Claim by Third Party
The court shall give leave to the third party to issue a third party notice and above rules shall apply and the expressions third-party notice and third-party shall apply and include every notice so issued and every person served with such notice respectively.
Where a person served with a notice by a third party, in turn, makes a claim against the third party or against another person not already a party, the rules shall have effect as regards such other person, or such further persons as are served, and so on successively.
Where the defendant claims against another defendant
- that he is entitled to a contribution of indemnity or indemnity;
- that he is entitled to any relief or remedy in relation to or connected with the original subject matter of the action and substantially the same as some relief or remedy claimed by the claimant or
- that any question relating to or connected with the said subject matter is substantially the same question or issue as raised between the claimant and defendant making the claim and should properly be determined not only between claimant and defendant but also between the claimant defendant and other parties
then the defendant making the claim, may without leave issue and serve on such other defendant a notice making such claim and specifying such issue or question. No appearance to such notice shall be necessary.
After service of such notice, either defendant shall be at liberty to apply for directions as regards pleadings between them if either considers it necessary to do so. In default of such application within twenty-eight days of service of such notice, the claim, question or issue shall be tried at or after the trial of the plaintiff’s action as the trial judge shall direct.
Joinder of Causes of Action.
The plaintiff may unite in the same action several causes of action; but if it appears to the Court that any such causes of action cannot be conveniently tried or disposed of together the Court may order separate trials of any of such causes of action to be had, or may make such other order as may be necessary or expedient for the separate disposal thereof.
No cause of action shall be joined with an action for recovery of land without leave of court except claims in respect of arrears of rent, mesne profits for use and enjoyment of land or double rent in respect of the premises claimed or any part of it or damages for breach of contract on which the same is held or for any wrong or injury to the premises claimed.
A claimant in an action for redemption may obtain an order against the defendant for delivery or possession of mortgaged property to the claimant or on or after the order absolute for redemption. Such an action for redemption or for such delivery of possession shall not be deemed an action for the recovery of land.
Claims by an assignee or trustee in bankruptcy shall not unless leave of court is granted be joined with any other claim by him in any other capacity. Claims by or against the husband and wife may be joined with claims against them separately.
Claims against an administrator or executor as such may be joined with claims by or against them personally, provided that claims are alleged to arise with reference of the estate in respect of which the claimant or defendant is sued as executor or administrator.
Claims by claimants jointly may be joined with claims by them or any of them separately against the same defendant.
A defendant alleging that the claimant has united in the same action several causes of action which cannot be conveniently disposed of together, may at any time apply to the court for an order confining the action to such of the claims as may be conveniently disposed of together. If on the hearing of such application, it shall appear to the Court that the causes of action are such as cannot all be conveniently disposed of together, the Court may order any of such causes of action to be excluded, and, consequential amendments to be made, and may make such order as to costs as may be just.