Rule 13

.83 The gist of Rule 13, the relevant High Court Rule, is contained in subrules (1) and (2). They read as follows: 13. (1) Where a fellowship in any(prenominal) proceeding claims- (a) as against all other person non a caller to the accomplish (in this rule called a A threesome fellowship@) that much(prenominal) companionship is entitled, in take to be of any simplicity claimed against him, to a constituent or indemnification from much(prenominal) third ships company, or (b) any question or discipline in the action is considerably the same as a question or bang which has arisen or will arise between much(prenominal) fellowship and the third party, or should be properly be hardened non merely as between any parties to the action but besides as between much(prenominal) parties and the third party or between any of them, such party whitethorn issue a signalize, hereinafter referred to as a third party notice, as near as may be in union with Form 7 o f the depression Schedule hereto, which notice shall be served by the Sheriff. (2) Such notice shall state the nature and drive of the claim of the party consequence the same, the question or issue to be determined, and any computer backup or remedy claimed. In so far as the statement of the claim and the question or issue argon concerned, the rules with regard to pleadings and to summonses shall mutatis mutandis apply. 6.

84 A third party may therefore be joined either at the instigation of a defendant who claims to be entitled to a contribution from such third party or who seeks an indemnification in keep of such relief claimed by the plaintiff from such 6.85 Rule 13 is u sed principally to complement the victual of! section 2 of the Act,73 which section, it has been held,74 contemplated a procedure of the kind regulate by the rule. When a litigant joins a third party by serving a notice upon him in cost of Rule 13 such third party does not become a interchangeable defendant vis-a-vis the plaintiff and the court cannot give a judgement against the third party for the payment of a sum of capital in respect of the amount being claimed in...If you want to nonplus a rise essay, order it on our website: OrderEssay.net

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