Θεσμοί Πολιτικής Δικονόμίας

1. (1) Where in any action a defendant claims as against any person not already a party to the action (in this Order called the "third party" )-

(b) that he is entitled to 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 plaintiff, or

(c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant and should properly be determined not only as between the plaintiff and the defendant but as between the plaintiff and defendant and the third party or between any or either of them, the Court or a Judge may give leave to the defendant to issue and serve a "third-party notice" .

[Δ.Κ. 4.6.1976] [Δ.Κ. 12.3.1993] (2) The Court or Judge may give leave to issue and serve a "third-party notice" on an ex parte application supported by affidavit, or, where the Court or Judge directs a summons to the plaintiff to be issued, upon the hearing of the summons. [Προστέθηκε από: Δ.Κ. 12.3.1993:] Η αίτηση για έκδοση ειδοποιήσεως τριτοδιαδίκου θα υποβάλλεται το αργότερο εντός ενός μηνός από την ημερομηνία καταχωρήσεως της εκθέσεως υπερασπίσεως. H προθεσμία αυτή δεν παρατείνεται.

2. (1) The notice shall state the nature and grounds of the claim or the nature of the question or issue sought to be determined and the nature and extent of any relief or remedy claimed. It shall be in accordance with Form 9 or Form 10, and shall be sealed and served on the third party in the same manner as a writ of summons is sealed and served.

(2) The notice shall, unless otherwise ordered by the Court or Judge, be served within fifteen days of delivering the defence, or where the notice is served by a defendant to a counter-claim, the defence thereto, and with it there shall be served a copy of the writ of summons or originating summons and of any pleadings served or delivered in the action.

3. The third party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of his defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant.

4. (1) The third party may, in the manner set out in paragraph (2) of this Rule, enter an appearance in the action within fifteen days from service or within such further time as may be directed by the Court or Judge and specified in the notice :

Provided that a third party failing to appear within such time may apply to the Court or a Judge for leave to appear, and such leave may be given upon such terms (if any) as the Court or Judge shall think fit.

(2) The third party shall enter his appearance in the same manner as a defendant is by these Rules directed to enter an appearance, with this qualification, namely that he shall, at the same time as he delivers a duplicate of his memorandum of appearance and a duplicate of his defence to the defendant, also deliver similar duplicates to the plaintiff.

5. If a third party duly served with a third-party notice does not enter an appearance, he shall be deemed to admit the validity of and shall be bound by any judgment given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.

6. Where a third party makes default in entering an appearance and the defendant giving the notice suffers judgment by default, such defendant shall be entitled at any time, after satisfaction of the judgment against himself, upon an ex parte application, or before such satisfaction by the leave of the Court or a Judge obtained on an application by summons, to enter judgment against the third party to the extent of any contribution or indemnity claimed in the third-party notice, or by leave of the Court or Judge so obtained to enter such judgment in respect of any other relief or remedy claimed as the Court or Judge shall direct

Provided that it shall be lawful for the Court or Judge in a proper case to set aside or vary such judgment against the third party upon such terms as may seem just.

7. (1) If the third party enters an appearance the defendant giving notice may, after serving notice of the intended application upon the plaintiff, the third party and any other defendant, apply to the Court or a Judge for directions, and the Court or Judge may-

(a) where the liability of the third party to the defendant giving the notice is established on the hearing of the application, order such judgment as the nature of the case may require to be entered against the third party in favour of the defendant giving the notice, or

(b) if satisfied that there is a question or issue proper to be tried as between the plaintiff and the defendant and the third party or between any or either of them as to the liability of the defendant to the plaintiff or as to the liability of the third party to make any contribution or indemnity claimed, in whole or in part or as to any other relief or remedy claimed in the notice by the defendant, or that a question or issue stated in the notice should be determined not only as between the plaintiff and the defendant, but as between the plaintiff, the defendant and the third party or any or either of them, order such question or issue to be tried in such manner as the Court or Judge may direct, or

(2) Any directions given pursuant to this Rule may be given either before or after any judgment has been obtained by the plaintiff against the defendant in the action, and may be varied from time to time and may be rescinded.

8. The Court or Judge upon the hearing of the application for directions may, if it shall appear desirable to do so, give the third party liberty to defend the action, either alone or jointly with the original defendant, upon such terms as may be just, or to appear at the trial and take such part therein as may be just, and generally may order such proceedings to be taken, pleadings or documents to be delivered, or amendments to be made, and give such directions as to the Court or Judge shall appear proper for having the question and the rights and liabilities of the parties most conveniently determined and enforced and as to the mode and extent in or to which the third party shall be bound or made liable, by the decision or judgment in the action.

9. (1) Where the action is tried, the Court or Judge who tries the action may, at or after the trial, enter such judgment as the nature of the case may require for or against the defendant giving the notice, against or for the third party, and may grant to the defendant or to the third party any relief or remedy which might properly have been granted if the third had been made a defendant to an action duly instituted against him by the defendant

Provided that execution shall not be issued without leave of the Court or a Judge until after satisfaction by the defendant of the judgment against him.

(2) Where the action is decided otherwise than by trial, the Court or Judge may, on application by summons, make such order as the nature of the case may require, and, where the plaintiff has recovered judgment against the defendant, may order such judgment as may be just to be entered for or against the defendant giving notice, against or for the third party.

10. The Court or Judge may decide all questions of costs as between a third party and other parties to the action, and may order any one or more of them to pay the costs of any other, or others, or give such directions as to costs as the justice of the case may require.

11. (1) Where a third party makes as against any person not already a party to the action such a claim as is defined in Rule 1 of this Order, the provisions of this Order regulating the rights and procedure as between the defendant and the third party shall apply mutatis mutandis as between the third party and such other person, and the Court or Judge may give leave to such third party to issue a third-party notice, and the preceding Rules of this Order shall apply mutatis mutandis, and the expression "third-party notice" and "third party" shall apply to and include every notice so issued and every person served with such notice respectively.

(2) Where a person served with a notice under this Rule by a third party in turn makes such a claim as is defined in Rule 1 of this Order against another person not already a party to the action, this Order as applied by this Rule shall have effect as regards such further person and any other further person or persons so served and so on successively.

(c) that any question or issue relating to or connected with the said subject matter is substantially the same as some question or issue arising between the plaintiff and the defendant making the claim and should properly be determined not only as between the plaintiff and the defendant making the claim but as between the plaintiff and that defendant and another defendant or between any or either of them,

the defendant making the claim may without any leave issue and serve on such other defendant a notice making such claim or specifying such question or issue.

(2) No appearance to such notice shall be necessary and the same procedure shall be adopted for the determination of such claim, question or issue between the defendants as would be appropriate under this Order if he were a third party.