Rule 13

.83 The gist of Rule 13, the relevant High Court Rule, is contained in subrules (1) and (2). They read as follows:
13. (1) Where a fellowship in whatsoever action claims-
(a) as against all other person not a party to the action (in this rule
called a Athird party@) that much(prenominal) party is entitled, in take to be of any relief claimed
against him, to a contribution or indemnification from much(prenominal) third party, or
(b) any question or discipline in the action is considerably the same as a
question or bang which has arisen or will arise between much(prenominal) party and the third
party, or should be properly be determined not merely as between 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 notice, 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) Such notice shall state the nature 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 regard to pleadings and to summonses 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 contribution from such third party or who seeks an
indemnification in respect of such relief claimed by the plaintiff from such

6.85 Rule 13 is used principally to complement the provisions of section 2 of the
Act,73 which section, it has been held,74 contemplated a procedure of the kind
regulated by the rule. When a litigant joins a third party by serving a notice upon him
in terms of Rule 13 such third party does not become a interchangeable defendant vis-a-vis the
plaintiff and the court cannot give a judgement against the third party for the payment
of a sum of capital in respect of the amount being claimed in...If you want to nonplus a full essay, order it on our website: Orderessay



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