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8. I am the defendant of a civil action but I believe another party should be responsible for the plaintiff’s claim instead. What should I do?

In case that party is already one of the defendants in the action, you shall issue and serve that co-defendant a notice (known as “contribution notice”) containing a statement of the nature and grounds of his claim against that party, or the question or issue required to be determined by the Court (as the case may be) (including the reason why that party shall be ultimately responsible for the Plaintiff’s claim).

 

Upon service of the said notice on the co-defendant, that co-defendant will need to and have the right to defend your claim made against him in the said notice as if there is a separate proceedings against him.  It is usually called a “Third Party Proceedings”.

 

If that co-defendant contests your claim, then you as the de facto plaintiff in the Third Party Proceedings will need to apply to the Court for further directions by way of summons.

 

(Please see Order 16, rules 4 and 8 of the Rules of the High Court or the Rules of the District Court for details)

 

If that party is not one of the defendants to the action, you shall before the service of your defence issue and serve on that party a Third Party Notice” comprising a statement stating the nature and grounds of the claim made against that party, or of the question or issue required to be determined by the Court (including the reason why that party shall be ultimately responsible for the Plaintiff’s claim).

 

Upon service of the Third Party Notice, that third party becomes a party to the action (called “Third party” in the action) with the right to file his defence against any claim made against him.  It is usually called a “Third Party Proceedings”.

 

If that Third Party contests your claim, then you as the de facto plaintiff in the Third Party Proceedings will need to apply to the Court for further directions by way of summons.

 

(Please see Order 16, rules 1 and 4 of the Rules of the High Court or the Rules of the District Court for details)