Of

[If this address be beyond three miles from the Royal Courts of Justice, an address for service within three miles thereof must be given],

[Agent for Z. Z., Of —,]

Solicitor for the said T. P.

5. Notice of Appearance by Third Party.

[Title of action.]

Take notice that I have this day entered an appearance at the Central Office, Royal Courts of Justice, for T. P., to the notice issued in this action. on the -, 19-, by the above-named defendant C. D.

day of

[A sealed duplicate memorandum of such appearance is annexed hereto.]

6. Judgment against Third Party in Default of Appearance (e).

The [said] third party [T. P.], mentioned in the third-party notice [herein], dated the -, 19-, not having appeared [herein] to

day of

third party), desires to dispute the plaintiff's claim in the action as against the defendant, on whose behalf the notice has been given, or his own liability to the defendant, the third party must enter an appearance in the action within eight days from the service of the notice. In default of his so doing, he shall be deemed to admit the validity of the judgment obtained against such defendant, whether obtained by consent or otherwise, and his own liability to contribute or indemnify, as the case may be, to the extent claimed in the third-party notice. Provided always, that a person so served and failing to appear within the said period of eight days may apply to the Court or a Judge for leave to appear, and such leave may be given upon such terms, if any, as the Court or Judge shall think fit."

The above form of appearance is given in R. S. C., App. A., Pt. II., No. 5.

(e) Proceeding on Default of Appearance by Third Party.]-By R. S. C., Ord. XVI., r. 50, "Where a third party makes default in entering an appearance in the action, in case the defendant giving the notice suffer judgment by default, he shall be entitled at any time, after satisfaction of the judgment against himself, or before such satisfaction by leave of the Court or a Judge, to enter judgment against the third party to the extent of the contribution or indemnity claimed in the third-party notice: provided

was ordered that

[insert

such third-party notice, and the defendant having satisfied the judgment [herein] entered against himself on the day of 19-, as appears by an affidavit (ƒ) of —, filed [herein] this day [or and pursuant to the order herein, made by dated the day of -, 19-, whereby it (recite the terms of the order)]: It is this day adjudged that the defendant recover against the said T. P. the sum of £amount, according to the contribution or indemnity claimed. Judgment for costs cannot be entered against the third party without an order under R. S. C., Ord. XVI., r. 54: unless the third-party notice claimed contribution or indemnity in respect of costs to be recovered by the plaintiff against the defendant].

6A. Affidavit to obtain the above Judgment, without an Order therefor. [Title, &c., as in preceding form.]

I, S. C., of

this action to the

follows: :

[clerk to Mr. M. N., of the same place], solicitor in above-named defendant C. D., make oath and say as

1. I did on the day of 19—, at [place of service], serve T. P., of the person named in the third-party notice now produced and shown to me and marked A., with a true copy of the said notice, and also with a true copy of the statement of claim or [writ of summons] in this action, by delivering the said copies to him and leaving the same with him personally.

2. I did on the day of

day of, 19-, satisfy the judgment dated the 19, obtained in this action by the plaintiff against the defendant, by paying on his behalf the sum of £, the whole amount then due upon the said judgment for debt, costs and interest, to the plaintiff [or to X. Y., the solicitor in this action to the plaintiff and his agent to receive the said payment (or otherwise state the satisfaction of the judgment according to the facts)].

Sworn [&c., as usual].

This affidavit is filed [&c., as usual].

that it shall be lawful for the Court or a Judge to set aside or vary such judgment upon such terms as may seem just."

By r. 51, "Where a third party makes default in entering an appearance in the action, in case the action is tried and results in favour of the plaintiff, the Judge who tries the action may, at or after the trial, enter such judgment as the nature of the case may require for the defendant giving the notice against the third party : provided that execution thereof be not issued without leave of the Judge until after satisfaction by such defendant of the verdict or judgment against him. And if the action is finally decided in the plaintiff's favour, otherwise than by trial, the Court or a Judge may, on application by motion or summons, as the case may be, order such judgment as the nature of the case may require to be entered for the defendant giving notice against the third party at any time after satisfaction by the defendant of the amount recovered by the plaintiff against him."

(ƒ) An affidavit of personal service of the notice and of satisfaction of the plaintiff's judgment; see form 6A.

7. Application for Order for Directions under Ord. XVI., r. 52 (g).

[Formal parts as usual in application to Master] on the hearing of an application on the part of the defendant for an order for third-party direc tions, as follows:-that [state the directions desired. The directions usually applied for, where the third party disputes liability, are these:] that the defendant deliver a statement of his claim to the said third party within -days from this date, who shall plead thereto within days. And

that the said third party be at liberty to appear at the trial of this action, and take such part as the Judge shall direct, and be bound by the result of the trial. And that the question of the liability of the said third party to indemnify the defendant be tried at or immediately after the trial of this action. And that the costs of this application be [reserved].

Dated [&c., conclude as usual].

(The summons or notice must be addressed to, and served upon the plaintiff, as well as the third party.)

8. Order thereon (h).

[Title as in the preceding form.]

Upon hearing the [solicitors for the] plaintiff, defendant and third party [and upon]:

It is ordered that the defendant deliver a statement of claim to the said

(9) Applications for Directions where Third Party appears.]—By R. S. C., Ord. XVI., r. 52, "If a third party appears pursuant to the third-party notice, the defendant giving the notice may apply to the Court or a Judge for directions, and the Court or Judge, upon the hearing of such application, may, if satisfied that there is a question proper to be tried as to the liability of the third party to make the contribution of indemnity claimed, in whole or in part, order the question of such liability, as between the third party and the defendant giving the notice, to be tried in such manner, at or after the trial of the action, as the Court or Judge may direct; and, if not so satisfied, may order such judgment as the nature of the case may require to be entered in favour of the defendant giving the notice against the third party."

By r. 53, "The Court or a Judge upon the hearing of the application mentioned in Rule 52, may, if it shall appear desirable to do so, give the third party liberty to defend the action, 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, documents to be delivered, or amendments to be made, and give such directions as to the Court or Judge shall appear proper for having the question most conveniently determined, and as to the mode and extent in or to which the third party shall be bound or made liable by the judgment in the action."

(h) This is the official form usually followed where the third party denies liability,

third party within days from this date, who shall plead thereto within days. And that the said third party be at liberty to appear at the trial of this action, and take such part as the Judge shall direct, and be bound by the result of the trial. And that the question of the liability of the said third party to indemnify [or make contribution to] the defendant be tried at the trial of this action, but subsequent thereto [so runs the official form, but it seems better to say: at or immediately after the trial of this action, as the Judge shall direct]. And that the costs of this application (1) [e.g., reserved].

be

Dated the

day of 19-.

9. The like, in another Form.

[Formal parts as in preceding form.]

It is ordered that the third party T. P. be at liberty to defend this action [as regards the question whether but as to no other question], and to appear at the trial, and call witnesses, and cross-examine the witnesses called by the plaintiff [or the defendant], and that he be bound by the findings of the jury [and the judgment directed thereon to be entered] herein [or so far as the same relate to the said question] [the said T. P. undertaking to]. And that the said T. P. do within days deliver to the plaintiff a defence [or statement of the points on which he intends to rely, or that if the said T. P. intends to rely on any points not raised by the defendant's defence herein he do within days deliver to the plaintiff a statement of such points]. And that [add directions, if any, given as to discovery between the defendant and third party]. And that the costs of and incidental to this order and the application therefor be reserved. [The terms of the order must necessarily vary with each particular case. For a useful form of order, see Benecke v. Frost, 1 Q. B. D. 419; and Norris v. Beazley, 36 L. T. 409.]

on the

[the Hon. Mr. Justice] : and the said [Mr. Justice]

day of , 19-, having ordered that judgment be entered for the defendant [E. F.] against the third party T. P. for £ [and the costs

and the question whether he is liable appears to be proper to be tried (see Coles v. Civil Service Supply Association, 26 Ch. D. 529).

(i) Costs.]-By R. S. C., Ord. XVI., r. 54, "The Court or a Judge may decide all questions of costs, as between a third party and the other parties to the action, and may order any one or more to pay the costs of any other, or others, or give such direction as to costs as the justice of the case may require."

incurred by the said defendant in defending this action, to be taxed, or as the order, if any, as to costs may be]:

It is this day adjudged that the defendant [E. F.] recover against the said T. P. £ [and the costs incurred by the defendant in defending this action, to be taxed, or as the order, if any, as to costs may direct].

[The above costs have been taxed and allowed at £Taxing Officer's Certificate dated the day of

as appears by a

19-.]

11. Summons for Judgment after Decision of Action otherwise than by Trial. [Formal parts as usual] for an order that the defendant [E. F.], who served a notice claiming contribution [or indemnity] against T. P., pursuant to the order herein made by, dated the day of 19-, be at liberty to sign judgment against the said T. P. for £ [and the costs of his defence of this action, and the costs of and incidental to the said notice and this application, to be taxed, or as the case may be].

(An order may be framed from the terms of the summons.)

12. Judgment thereon.

The ordinary form of judgment pursuant to order, post, "Summons and Order," may be used.

13. Notice by one Defendant, under Ord. XVI., r. 55, claiming Contribution or Indemnity against another Defendant who has not appeared in the Action (k).

[Issue, without leave, a notice in the form No. 3, ante, p. 209, directing it "To the above-named defendant E. F." If that defendant does not enter an appearance in the action, Ord. XVI., r. 51 (ante, p. 212), will apply: if he appears, apply for directions under Ord. XVI., r. 52 (ante, p. 213). For form of application see form No. 16, post, p. 216.]

14. The like Notice of Claim against a Co-Defendant who has appeared

in the Action (1).

[Title of action.]

Notice filed the

day of

19

To the above-named defendant C. D.

Take notice that this action has been brought by the plaintiff against the

(k) Claim for Contribution or Indemnity against Co-defendant.]—By R. S. C., Ord. XVI., r. 55, "Where a defendant claims to be entitled to contribution or indemnity against any other defendant to the action, a notice may be issued and the same procedure shall be adopted, for the determination of such questions between the defendants, as would be issued and taken against such other defendant, if such last-mentioned defendant were a third party: but nothing herein contained shall prejudice the rights of the plaintiff against any defendant in the action."

(1) This form is framed from that given in R. S. C., App. B., No. 1, the parts