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2.third Party Proceedings
2.third Party Proceedings
(ORDER 16)
When Available
Requirements: Before a person could be added/joined as a TP, Df has to satisfy either one of
the requirements under O.16, r.1(1)(a), (b) OR (c).
(c) “Claims against such a person any relief or remedy relating to or connected with the
original subject-matter of the action and substantially the same as some relief or remedy
claimed by the plaintif”: O.16, r.1(1)(b)
E.g. Pf ordered goods from Df (supplier)—Df then ordered goods from TP (manufacturer of
goods). Goods turned out to be defective.
o Pf wants to sue Df (for defective goods).
o Df wants to sue TP (for defective goods).
(d) “Requires that any question or issue relating to or connected with the original subject-
matter of the action should be determined not only as between the plaintif and the
defendant but also as between either or both of them and a person not already a party to
the action.” O.16, r.1(1)(c)
E.g. A’s car was stolen by B. B sold the car to C. C sold the same car to D.
o The car is in D’s possession.
o A is now suing D for its return.
Wide provision.
Procedure
(a) Enter into appearance
(b) Leave?
(c) Commencement
(d) Service
(b) Leave?
The Df must then ask himself if leave if required to issue TP notice.
Leave is required if:
o action begun otherwise than by writ (O.16, r.1(2)).
o Df has served his defence (O.16, r.1(2)).
o TP notice is sought to serve on the government (O.73, r.8).
If leave is required, the Df must apply by filling an ex parte notice of application supported by
an affidavit.
o The ex parte notice of application must comply with Form 20.
o The affidavit must comply with O.16, r.2(2), where it must state:
The nature of the claim made by the Pf in the action;
The stage which proceedings in the action have reached;
The nature of the claim by the Applicant + facts on which proposed TP notice
is based; and
The name + address of the person against whom the TP notice is to be
issued.
Granting of leave is Court’s discretion.
If leave is granted, then Df is ready for TP proceedings.
(c) Commencement
Df has to issue a TP notice + serve it on TP (must comply with a particular form)
o If Df is seeking contribution/indemnity/same form of relief, TP notice must be in
Form 18.
o If Df is claiming common issue, TP notice must be in Form 19.
Together with TP notice, a copy of the writ + any other pleadings must be attached—O.16,
3(2).
(d) Service
Once Df has issued TP notice, Df has to serve TP notice on intended TP.
O.16, r.3(3): Service to be done in accordance with O.10, r.1 (personal service).
Once TP notice is served, TP has to enter into appearance in accordance with Form 20.
o Time limit same as O.12, r.4.
WM: 14 days
EM: 14 days or 20 days
If TP fails to enter an appearance—O.16, r.5—TP is in default + he is deemed to admit to Df’s
claim against him.