Judgment in third party proceedings
209 Judgment in third party proceedings
At or after the trial of an action in which a third party notice has been given, the Court may – direct the entry of any judgment in the third party proceeding; and grant to the defendant or to 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 by the defendant.
If an action in which a third party proceeding has been given is decided otherwise than by trial, the Court or a judge, on application, may – make any order in the third party proceeding; and grant to the defendant or to 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 by the defendant.
Notwithstanding subrules (1) and (2), execution is not to issue against a third party without leave of the Court or a judge until after satisfaction by the defendant of the judgment against the defendant.
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