(l) Where the opposite party claims that tf compensation ts· received against him he w1ll be entitled under sub-section (2) of Section 12 to be Indemnified by a person not betng a party to the case, he shall: when first called upon to answer the application. present a notice of such claim to the Commissioner accompanied by the prescribed fee, and the Commissioner shall thereupon issue notice to auch person fn FormJJ.
(2) If any person served with a notice under sub-section (1) desires to contest the applicant's claim for compensation or the opposite party's claim to be fndemnffled. he shall appear before the Commissioner on the date fixed for the heartng of the case or on any date to which the case may be adjourned and, If he so appears, shall have all the rights of a party to the proceedings· In default of so appeartng he shall be deemed to admit the validity of any a~ar,d made against the opposite party and to admit his own llabllity to Indemnify the oppoette party for any compensation recovered from him: ·
Provided that, If any person so served appears subsequently and satisfies the CoQ.UQlasJoner that he was prevented by any sufficient cause from the Commtutoner shall, after glvtng notice to the aforesaid opposite ~ and may set aside or vary any award made against ~ fl.lies and upon such terms as may be Just.
Wi~ notice under sub-rule (1), whether or nbt he ts claim for compensation or the opp01Jite that being a contractor he ts hlmsclt .:
b,v a person standing to h,up bl dJI eould have rceove«\4 in the notice under eJJb- ~ ~ f.l'qti, 1924 48 59 Scanned by CamScanner 49 THE WORKME COMPE 11 RULES. 1924 (Rules 40-43 anted by the prescribed fee nottce of such claim to the Comma I ner aceot:"p to such person In Form JJ.
and the Commissioner hall thereupon I ue no cc d r sub-rule (3) desires lo contest
(4) If any person served "1th notice un c under sub-rule (3) to be the applicant's claim for compcn lion. or the cltlm r on the dale fixed In the Indemnified. he shall appear before the Commlss one ad oumed and If he noUce In Form JJ or on any date to which the case may be J • so appears. shall ha\'C all the rtghts of a party to the proceedings In default of so appearing he hall be deemed to admit the validity of any award made against the or1gtnal opposite partv or the person served with a notice under sub-rule (I) and to adrrut h1 own itabiltty to Indemnify the party against whom such award Is made for any compensalton recovered from him:
Provided that. r any person so served appears subsequently and satisfies the Commissioner that he was prevented by any sufficient cause from appearing. the Comrrussloner shall. after g1v1ng nouce to all parties on the record, hear such person. and may set aside or vary any award made against such person under th1s rule upon such tenns as may be just.
(5) In any proceeding In which a nolice has been served on any person under sub-rule Ill or sub-rule (3) the Commissioner shall, If he award compensation. record in his judgment a finding In respect of each of such persons whether he IS or ts not liable Lo indemnify any of the opposite parties, and shall specify the party. if any. whom he is liable to Indemnify.