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Default judgment set aside where third party disclosed triable defence, though third‑party notice was irregular for lack of prior court leave.
Civil procedure – Setting aside default judgment – Order 13 r 9 and Order 19 r 9 – applicant must disclose defence on the merits or triable issue – draft defence showing denial of negligence and plea of contributory negligence – Third‑party notice – requirement of prior leave under Order 16 r 1(2) – discretion as to costs.
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