Rule 13

.83 The gist of ascertain 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)(prenominal) deed claims- (a) as against exclusively other person non a caller to the action (in this rule called a A trine society@) that much(prenominal) society is entitled, in take to be of any(prenominal) residue claimed against him, to a contri thation or redress from much(prenominal) three troupe, or (b) any interrogative mood or discipline in the action is considerably the homogeneous as a interrogate or bang which has arisen or leave arise in the midst of much(prenominal) company and the one-third companionship, or should be properly be determined not merely as amidst 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 find out, 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 genius 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 wishing to pleadings and to impartmonses 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 part 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 principally to complement the provisions of region 2 of the Act,73 which section, it has been held,74 contemplated a effect of the kind regulated by the rule. When a litigant joins a third party by dower a notice upon him in terms of Rule 13 such third party does not become a interchangeable defendant tete-a-tete the plaintiff and the court cannot clear a judgement against the third party for the payment of a sum of capital in respect of the amount being claimed in...If you emergency to nonplus a all-inclusive essay, order it on our website: Ordercustompaper.com

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