Order 1, rule 19 of Civil Procedure Rules : Judgment against third party in default
Where a third party makes default in entering an appearance in the suit, or in delivering any pleading, and the defendant giving the notice suffers judgment by default, such defendant shall be entitled, after causing the satisfaction of the decree against himself to be entered upon the record, to judgment against the third party to the extent claimed in the third-party notice; the court may upon the application of the defendant pass such judgment against the third party before such defendant has satisfied the decree passed against him:
Provided that it shall be lawful for the court to set aside or vary any judgment passed under this r. upon such terms as may seem just.
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