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The Code of Civil Procedure, 1908: page 182

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 182, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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     Explanation.—In this rule, “representative suit” means,—
           (a) a suit under Section 91 or Section 92,
           (b) a suit under rule 8 of Order I,
         (c) a suit in which the manager of an undivided Hindu family sues or is sued as representing the
     other members of the family,
         (d) any other suit in which the decree passed may, by virtue of the provisions of this Code or of
     any other law for the time being in force, bind any person who is not named as party to the suit.]
    4. Proceedings in execution of decrees not affected.—Nothing in this Order shall apply to any
proceedings in execution of a decree or order.
                                                              ORDER XXIV
                                                          Payment into Court
     1. Deposit by defendant of amount in satisfaction of claim.—The defendant in any suit to recover a
debt or damages may, at any stage of the suit, deposit in Court such sum of money as he considers a
satisfaction in full of the claim.
    2. Notice of deposit.—Notice of the deposit shall be given through the Court by the defendant to the
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plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff
on his application.                                                                od
    3. Interest on deposit not allowed to plaintiff after notice.—No interest shall be allowed to the
                                                                          aC
plaintiff on any sum deposited by the defendant from the date of the receipt of such notice, whether the
sum deposited is in full of the claim or falls short thereof.
                                                                     di
    4. Procedure where plaintiff accepts deposit as satisfaction in part.—(1) Where the plaintiff
                                                               In
accepts such amount as satisfaction in part only of his claim, he may prosecute his suit for the balance;
and, if the Court decides that the deposit by the defendant was a full satisfaction of the plaintiff’s claim,
the plaintiff shall pay the costs of the suit incurred after the deposit and the costs incurred previous
thereto, so far as they were caused by excess in the plaintiff's claim.
     (2) Procedure where he accepts it as satisfaction in full.—Where the plaintiff accepts such amount as
satisfaction in full of his claim, he shall present to the Court a statement to that effect, and such statement
shall be filed and the Court shall pronounce judgment accordingly; and, in directing by whom the costs of
each party are to be paid, the Court shall consider which of the parties is most to blame for the litigation.
                                                                 Illustrations
       (a) A owes B Rs. 100. B sues A for the amount, having made no demand for payment and having no reason to believe that
the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court,
B accepts it in full satisfaction of his claim, but the Court should not allow him any costs, the litigation being presumably
groundless on his part.
      (b) B sues A under the circumstances mentioned in illustration (a). On the plaint being filed, A disputes the claim.
Afterwards A pays the money into Court B accepts in full satisfaction of his claim. The Court should also give B his cost of suit.
A’s conduct having shown that the litigation was necessary.
        (c) A owes B Rs. 100, and is willing to pay him that sum without suit- B claims Rs. 150 and sues A for that amount. On the plaint
being filed, A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of
his claim. The Court should order him to pay A’s costs.

                                                              ORDER XXV
                                                            Security for Costs
     1
    [1. When security for costs may be required from plaintiff.—(1) At any stage of a suit, the Court
may, either of its own motion or on the application of any defendant, order the plaintiff, for reasons to be


1. Subs. by Act 66 of 1956, s. 14, for rule 1 (w.e.f. 1-1-1957).

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