Practice – Pre-trial or post judgment relied. The court did have power under CPR 19.2(2) to join a third party to restoration proceedings if that party could assist the court as to whether the court might have been seriously misled in granting the restoration order and in making the variation order. The Court of Appeal Civil Division held that in the present case, close consideration of the complaints showed that the third party, if joined, would not have any real prospect of succeeding in persuading the court that the restoration order or the variation order should be set aside.