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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 11.07

Other requirements for service

    (1)     A third party notice shall be served on the third party within 60 days after it is filed.

    (2)     Notwithstanding paragraph (1), the Court may fix another period for the service of a third party notice either—

        (a)     before the notice is filed; or

        (b)     at the time it grants leave under Rule 11.05(2) to file the notice.

    (3)     Where a third party notice has not been served on the third party, the Court, from time to time, by order may extend the period for service of the notice for such further period it thinks fit.

    (4)     An order may be made under paragraph (3) before or after expiry of the period for service.

    (5)     At the time of service of a third party notice on a third party there shall also be served a copy of—

        (a)     any order or consent under Rule 11.05(2);

        (b)     any order under paragraph (2) of this Rule made before the third party notice was filed fixing a period for service of the notice;

        (c)     any order under paragraph (3) of this Rule;

        (d)     the writ or other originating process;

        (e)     any pleadings or affidavits filed and served in the proceeding.

    (6)     Within the period for service of the third party notice on the third party a copy of the notice shall be served

        (a)     on the plaintiff; and

        (b)     on any other party who has appeared.

    (7)     If a copy of the third party notice is not served in accordance with paragraph (6), the Court, on application by the plaintiff or the third party, may order that the questions between the plaintiff and the defendant be tried before and separately from the questions between the defendant and the third party.



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