Article 76 — Third party failing to appear

(1) Where a thi~ party duly summoned to appear under Art. 43 (2) fails without good cause to appear for the purpose of dispu- ting the plaintitrs claim as against the defendant on whose be- half the summons was issued, or his own liability to the defendant, he shall be deemed to admit the validity of the decree passed agai- nst such defendant and his own liability to contribute or inde- mnify. as the case may be, to the extent claimed ny the t:efendant. (2) Where judgment is given against the defendant, the defendant shall be entitled, after satisfying such judgment or, on the gran- ting of an application to this effect, before satisfying such judg- ment, to judgment against the third party to the extent of the contribution or indemnity claimed by the defendant.