MAGISTRATES' COURT CIVIL PROCEDURE RULES 2009 (SR NO 49 OF 2009) - REG 8.10 Proceedings to enforce order for contribution or indemnity

MAGISTRATES' COURT CIVIL PROCEDURE RULES 2009 (SR NO 49 OF 2009) - REG 8.10

    (1)     Where an order is made for a plaintiff against a defendant, any order made in favour of the defendant against a third party or co-defendant (other than an order under Part IV of the Wrongs Act 1958 ) shall not be enforced, without leave of the Court, to any greater extent than that to which the order against the defendant has been satisfied.

    (2)     Where a defendant seeks to enforce an order for contribution or indemnity by the issue of a warrant to seize property or a warrant of delivery the defendant shall file with the registrar an affidavit stating either—

        (a)     that the defendant has paid the whole or part (stating what part) of the sum in respect of which the defendant is entitled to contribution or indemnity; or

        (b)     that the defendant has by order of the Court under Rule 8.10(1) been granted leave to enforce the order against the third party or co-defendant—

and the registrar may then issue either a warrant to seize property or a warrant of delivery.