5Third party notice

5 Third party notice

5 Third party notice

(1) Where a defendant in any action claims as against any person (in this Rule called the third party) that the defendant is entitled to contribution towards or indemnity for the amount of any judgment recovered against him by the plaintiff in the action the defendant may file with the registrar a notice in or to the effect of the form headed “Third Party Notice”, Form No 1 in the First Schedule:

(a) in the case of an action commenced by the filing of a default summons—not later than the filing of the notice of defence in the action, or, where no notice of defence is filed, within 14 days after service of the summons on him,

(b) in the case of an action commenced by the filing of a special summons—not later than the filing of the notice of defence in the action, or, where no notice of defence is filed, within 28 days after service of the summons on him, or

(c) in the case of an action commenced by the filing of an ordinary summons where:

(i) the action is not set down for hearing in accordance with Rule 20 (4) of the Courts of Petty Sessions (Civil Claims) Rules—any time not later than three days before the day set down for hearing of the action,

(ii) the action is set down for hearing in accordance with Rule 20 (4) (a) of the Courts of Petty Sessions (Civil Claims) Rules—any time before the hearing of the action commences, or

(iii) the action is set down for hearing in accordance with Rule 20 (4) (b) of the Courts of Petty Sessions (Civil Claims) Rules—any time before the application referred to in Rule 20 (4) (b) of the Courts of Petty Sessions (Civil Claims) Rules is made.

(2) A third party notice shall contain such particulars of the defendant’s claim against the third party as would be required to be provided if the claim was separately sued by the issue of a plaint and summons.

(3) Where a third party notice is filed in accordance with clause (1), the registrar shall:

(a) sign the copies,

(b) except in the case of an action which has been set down for hearing in accordance with Rule 20 (4) (a) or (b) of the Courts of Petty Sessions (Civil Claims) Rules—serve one of the copies on the plaintiff or, where there is more than one plaintiff, on each plaintiff, and