Default by third party
11.11 Default by third party
(1) Where at the time a judgment is entered or given for the plaintiff against the defendant by whom the third party was joined the third party has not filed an appearance or after appearance has not served a defence and the time limited for filing an appearance or serving a defence has expired:
(a) the third party shall be taken to admit the claims stated in the third party notice and shall be bound by the judgment between the plaintiff and the defendant insofar as it is relevant to the claim or question stated in the notice; and
(b) the defendant may at any time after satisfaction of the judgment or, with the leave of the
Court, before satisfaction, enter judgment against the third party for a contribution or indemnity claimed in the notice and, with the leave of the Court, for any other relief or remedy claimed.
(2) If a third party or the defendant by whom he was joined fails to serve a pleading within the time limited, the Court may give such judgment for the party not in default or make such orders as it thinks fit.
(3) The Court may set aside or vary a judgment or order made or given under subrule (1)(b) or
.
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