--(1) Where an order limiting the claimant's liability fixes a time in accordance with rule 74.37(2), any person with a claim against the claimant in respect of the casualty to which the proceedings relates, who-
----(a) was not named by his name in the claim as a defendant to the proceedings; or
----(b) if so named, neither was served with the claim nor has acknowledged the issue thereof,
--may, within that time, after acknowledging issue of the claim, apply for the order to be set aside.
--(2) The application must be supported by an affidavit or affidavits showing that the defendant in question has a bona fide claim against the claimant in respect of the casualty in question and that he has sufficient prima facie grounds for the contention that the claimant is not entitled to the relief given him by
the decree.
--(3) The application and every affidavit in support thereof must, at least 7 clear days before the hearing of the application, be served on the claimant and any defendant who has acknowledged issue or service of the claim.
--(4) On the hearing of the application the court, if satisfied that the defendant in question has a bona fide claim against the claimant and sufficient prima facie grounds for the contention that the claimant is not entitled to the relief given him by the decree, must set the decree aside and give directions as if the hearing were a case management conference.
Notes
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