Default by third party
11.11 Default by third party
If at the time any final order is made for the plaintiff against the defendant by whom the third party was joined the third party has not given notice of defence, and the time limited for filing a notice of defence has expired—
the third party must be taken to admit any claim stated in the third party notice and must be bound by the final order between the plaintiff and the defendant in so far as it is relevant to any claim or question stated in the notice; and
the defendant may at any time after satisfaction of that final order or, with the leave of the Court, before satisfaction, enter a final order against the third party for any contribution or indemnity claimed in the notice, and with the leave of the Court, for any other relief or remedy claimed therein.
If a third party or the defendant by whom the third party was joined fails to serve any pleading within the time limited, the Court may make such final order for the party not in default or make such order as it thinks fit.
The Court may set aside or vary any order under paragraph (1)(b) or (2).
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