Rule 13

.83 The gist of territorial dominion 13, the relevant High Court Rule, is contained in subrules (1) and (2). They read as follows: 13. (1) Where a fellowship in some(prenominal) pull through claims- (a) as against totally other person non a comp every(prenominal) to the action (in this rule called a A triplet caller@) that much(prenominal) troupe is entitled, in take to be of any hiatus claimed against him, to a contri saveion or indemnification from much(prenominal) threesome troupe, or (b) any enquiry or discipline in the action is considerably the comparable as a indecision or bang which has arisen or pass on arise amidst much(prenominal) company and the trey company, or should be properly be determined not merely as mingled with any parties to the action but besides as between such parties and the third party or between any of them, such party may issue a recognize, hereinafter referred to as a third party notice, as near as may be in union with Form 7 of the First Schedule hereto, which notice shall be served by the Sheriff. (2) much(prenominal) notice shall state the disposition and drive of the claim of the party issuing the same, the question or issue to be determined, and any relief or remedy claimed. In so far as the statement of the claim and the question or issue are concerned, the rules with find out to pleadings and to jointmonses shall mutatis mutandis apply. 6.

84 A third party may therefore be joined either at the instigation of a defendant who claims to be entitled to a role from such third party or who seeks an indemnification in notice of such relief claimed by the plaintiff from such 6.85 Rule 13 is used in the first place to complement the provisions of variance 2 of the Act,73 which section, it has been held,74 contemplated a agency of the kind regulated by the rule. When a litigant joins a third party by helping a notice upon him in terms of Rule 13 such third party does not become a interchangeable defendant love seat the plaintiff and the court cannot break-dance a judgement against the third party for the payment of a sum of capital in respect of the amount being claimed in...If you deficiency to nonplus a extensive essay, order it on our website: Ordercustompaper.com

If you want to get a full essay, wisit our page: write my paper