4. 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. IIIustrations
(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 it in full satisfaction of his claim. The court should also give B his costs 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 Rs. 100 in full satisfaction of his claim. The court should order him to pay A’s costs.
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