(1) If an order limiting the claimant's liability fixes a time in accordance with rule 72.37(2), any person with a claim against the claimant in respect of the casualty to which the proceedings relate who —
(a) was not named by name in the claim as a defendant to the proceedings; or
(b) if so named —
(i) was not served with, or
(ii) has not acknowledged the issue of,
the claim form, 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) a bona fide claim against the claimant in respect of the casualty in question; and
(b) sufficient prima facie grounds for the contention that the claimant is not entitled to the relief given by the decree.
(3) At least 7 clear days before the hearing of the application, the application and every affidavit in support thereof must be served on the claimant and any defendant who has acknowledged issue or service of the claim.
(4) On the hearing of the summons 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 to the claimant by the decree, must set the decree aside and give directions as if the hearing were a case management conference.