Friday, November 22, 2013

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 some(prenominal) trans work claims- (a) as against all other person not a fellowship to the action (in this rule called a A tierce society@) that much(prenominal) ships company is entitled, in take to be of any succor claimed against him, to a contribution or indemnification from much(prenominal) third society, 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) ships company and the third party, or should be properly be primed(p) not 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 nock, hereinafter referred to as a third party notice, as near as may be in union with Form 7 of the prototypic al 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 government issue the same, the question or issue to be determined, and any easing or remedy claimed. In so far as the statement of the claim and the question or issue ar concerned, the rules with regard to pleadings and to summonses shall mutatis mutandis apply. 6.
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84 A third party may therefore be joined either at the abettal of a defendant who claims to be entitled to a contribution from such third party or who seeks an indemnification in keep an eye on of such relief claimed by the plaintiff from such 6.85 Rule 13 is used principall y to complement the pabulum of section 2 of! the Act,73 which section, it has been held,74 contemplated a procedure of the kind adjust by the rule. When a litigant joins a third party by serving a notice upon him in legal injury 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 amply essay, order it on our website: OrderEssay.net

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