Rule 1 Order XXIV of Code of Civil Procedure 1908 "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.
Rule 2 Order XXIV of Code of Civil Procedure 1908 "Notice of deposit"
Notice of the deposit shall be given through the Court by the defendant to the plaintiff, and the amount of the deposit shall (unless the Court otherwise directs) be paid to the plaintiff on his application.
Rule 3 Order XXIV of Code of Civil Procedure 1908 "Interest on deposit not allowed to plaintiff after notice"
No interest shall be allowed to the 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.
Rule 4 Order XXIV of Code of Civil Procedure 1908 "Procedure where plaintiff accepts deposit as satisfaction in part"
(1) Where the plaintiff 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.
(a) A owes B Rs. 100B 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 it in full satisfaction of his claim. The Court should also give B his cast 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. 1150 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.
What is the meaning of No abatement by party's death if right to sue survives? What is the Procedure where one of several plaintiffs or defendants dies and right to sue survives? What is the Procedure in case of death of one of several plaintiff or of sole plaintiff? What is the Procedure in case of death of one of several defendants or of sole defendant? What is Determination of question as to legal representative? What is the meaning of No abatement by reason of death after hearing? Rule 1, 2, 3, 4, 5 and 6 of Order XXII of Code of Civil Procedure 1908
What is the meaning of Suit not abated by marriage of female party? When plaintiffs insolvency bars suit? What is the Effect of abatement or dismissal? What is the Procedure in case of assignment before final order in suit? What is the Duty of pleader to communicate to Court death of a party? What is Application of Order to appeals? What is Application of Order to proceedings? Rule 7, 8, 9, 10, 10A, 11 and 12 of Order XXII of Code of Civil Procedure 1908
What is Withdrawal of suit or abandonment of part of claim? Rule 1 of Order XXIII of Code of Civil Procedure 1908
What is the meaning of Deposit by defendant of amount in satisfaction of claim? What is Notice of deposit? Is Interest on deposit not allowed to plaintiff after notice? What is the Procedure where plaintiff accepts deposit as satisfaction in part? Rule 1, 2, 3 and 4 of Order XXIV of Code of Civil Procedure 1908
When security for costs may be required front plaintiff? What is the Effect of failure to furnish security? Rule 1 and 2 of Order XXV of Code of Civil Procedure 1908
What are the Cases in which Court may issue commission to examine witness? What is Order for commission? Where witness resides within Court's jurisdiction? Persons for whose examination commission may issue? Process when Commission or request to examine witness not within India? Is Court to examine witness pursuant to Commission? What is Return of commission with depositions of witnesses? When depositions may be read in evidence? Rule 1, 2, 3, 4, 5, 6, 7 and 8 of Order XXVI of Code of Civil Procedure 1908
What are Commissions to make local investigations? What is Procedure of Commissioner? What is Commission for scientific investigations? Who will be in Commission for performance of a ministerial act? How to constitute Commission for the sale of movable property? Rule 9, 10, 10A, 10B and 10C of Order XXVI of Code of Civil Procedure 1908
What is Commission to examine or adjust accounts? What is the meaning Court to give Commissioner necessary instructions? What is Commission to make partition of immovable property? What is Procedure of Commissioner? Rule 11, 12, 13 and 14 of Order XXVI of Code of Civil Procedure 1908
Is Expenses of commission to be paid into Court? What are the Powers of Commissioners? What are the Questions objected to before the Commissioner? Attendance and examination of witnesses before Commissioner, Are Parties to appear before Commissioner? Application of Order to execution proceedings, Is Court to fix a time for return of commission? Rule 15, 16, 16A, 17, 18, 18A and 18B of Order XXVI of Code of Civil Procedure 1908
What are the cases in which High Court may issue commission to examine witness? What is Application for issue of commission? To whom commission may be issued? How to Issue, execution and return of commissions, and transmission of evidence to foreign Court? Rule 19, 20, 21 and 22 of Order XXVI of Code of Civil Procedure 1908
What are the Suits by or against Government? Who are Persons authorised to act for Government? What is Plaints in suits by or against Government? What is the meaning of Agent for Government to receive process? What is Fixing of day for appearance on behalf of Government? Is Government to be joined as a party in a suit against a public officer? What is the Duty of Court in suits against the Government or a public officer to assist in arriving at a settlement? Attendance of person able to answer questions relating to suit against Government, Extension of time to enable public officer to make reference to Government, What is the Procedure in suits against public officer? Is No security to be required from Government or a public officer in certain cases? What is Definitions of "Government" and "Government pleader"? Rule 1, 2, 3, 4, 5, 6, 7, 8A and 8B of Order XXVII of Code of Civil Procedure 1908
Notice to the Attorney General or the Advocate - General, What is the Procedure in suits involving validity of any statutory instrument? Court may add Government as party? What is the Power of Court to add Government or other authority as a defendant in a suit relating to the validity of any statutory instrument? Costs, What is Application of Order to appeals? Rule 1, 1A, 2, 2A, 3 and 4 of Order XXVII A of Code of Civil Procedure 1908
Can Officers, soldiers, sailors or airmen who cannot obtain leave may authorize any person to sue or defend for them? Person so authorized may act personally or appoint pleader, Service on person so authorized, or on his pleader, to be good service? Rule 1, 2 and 3 of Order XXVIII of Code of Civil Procedure 1908
What is Subscription and verification of pleading? How Service on corporation? What is Power to require personal attendance of officer of corporation? Rule 1, 2 and 3 of Order XXIX of Code of Civil Procedure 1908
How is Suing of partners in name of firm? Disclosure of partners' names, Service, What are the Rights of suit on death of partner? Notice in what capacity served? Appearance of partners, No appearance except by partners, What is Appearance under protest? Suits between co-partners, Suit against person carrying on business in name other than his own ? Rule 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of Order XXX of Code of Civil Procedure 1908