22, (1) Where a third party makes default in entering an appearance or filing any pleading
which he had been ordered to file and the defendant giving the notice suffers Judgment by
default, the defendant shall be entitled at any time, after satisfaction of the Judgment
against himself, or before the satisfaction by leave of the Court or a judge in Chambers(a)
To enter Judgment against the third party to the extent of any contribution or indemnity
claimed in the third party notice, or by leave of the Court or a judge in chambers.
(b) To enter such Judgment in respect of any other relief or remedy claimed as the Court or a
judge in Chambers shall direct.
(2)
It shall be lawful for the Court or a judge in chambers to set aside or vary the Judgment
against the third party upon such terms as may seem just.
Third party directions
23.
(a)
(b)
(c)
(1) If the third party enters an appearance, the defendant giving notice may, after notice of the
intended application has been served upon the plaintiff, the third party, and on any other defendant,
apply to the Court or a judge in chambers for directions, and the Court or Judge in chambers
may
where the liability of the third party to the defendant giving the notice is established on the hearing of
the application, order such Judgment as the nature of the case may require to be entered against the
third party in favour of the defendant giving the notice; or
if satisfied that there is a question or issue properly to be tried as between the plaintiff and the
defendant and the third party or between any or either of them as to the liability of the
defendant to the plaintiff or as the liability of the third party to make any contribution or
indemnity claimed, in whole or in part, or as to any other relief or remedy claimed on the notice
by the defendant or that a question or issue stated in the notice should be determined not only as
between the plaintiff and the defendant but as between the plaintiff, the defendant and the third
party or any or either of them, order that question or issue to be tried in such manner as the
Court or judge in Chambers may direct; or
Dismiss the application
(2)
Any direction given pursuant to this rule may be given either before or after any Judgment has
been entered in favour of the plaintiff against the defendant in the action, and may be varied from
time to time and may be rescinded.
(3)
The third party proceedings may at any time be set aside by the Court or a judge in chambers.
Leave to defend
24.
The Court or a judge in Chambers upon the hearing of the application for directions may, if it
appears desirable to do so, give the third party liberty to defend the action either alone or jointly
with 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, pleading or
documents to be filed, or amendments to be made, and give such directions as to the Court or
Judge in chambers may appear proper for having the question and the rights and the 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.