"SHORT TITLE.
940
Schedule, contd.
AMENDMENT OR REPEAL.
2. The Code of Civil
Procedure, 1901. (No. 3 of 1901), --contd.
(5) This rule does not apply to Admiralty
actions or to an action or cause of action to which a defence of tender before action is pleaded.
154. If the whole of the money in court Money is not taken out under section 153, the remaining
in court. money remaining in court shall not be
0. 22, r. 3. paid out except in satisfaction of the claim or specified cause or causes of action in respect of which it was paid in and in pursuance of an order of the court, which may be made at any time before, at or after trial.
155.--(1) Money may be paid into court Several under section 152 by one or more of several defendants..
0. 22, r. 4. defendants sued jointly or in the alter- native, upon notice to the other defendant or defendants.
(2) If the plaintiff elects within seven days after receipt of notice of payment into court to accept the sum or sums paid into court, he shall give notice as in Form No. 166 in the Schedule to each defendant. Schedule.
Form
(3) Thereupon all further proceedings in No. 166. the action or in respect of the specified cause or causes of action (as the case may be) shall be stayed, and the money shall not be paid out except in pursuance of an order of the court dealing with the whole costs of the action or cause or causes of action (as the case may be).
claim. 0. 22, r. 5..
156. A plaintiff or other person made Counter- defendant to counterclaim may
a
pay money
into court in accordance with sections 152 to 155, with the necessary modifications.
157. Except in an action to which a Non- defence of tender before action is pleaded disclosure
of payment or in which a plea under the Defamation into court. and Libel Ordinance, 1887, has been filed, 0). 22, r. 6, no statement of the fact that money has Ordinance been paid into court under sections 152 to No. 1 of 155 shall be inserted in the pleadings and 1887. no communication of that fact shall at the trial of any action be made to the court or jury until all questions of liability and amount of debt or damages have been decided, but the court shall, in exercising its discretion as to costs, take into account both the fact that money has been paid into court and the amount of such pay- ment.
under order.
158. Money paid into court under an Money paid order of the court shall not be paid out of into court court except in pursuance of an order of 0. 22, r. 8. the court: Provided that, where before the delivery of defence money has been paid into court by the defendant pursuant to an order under the provisions of section 23, he may (unless the court otherwise orders) by notice in writing appropriate the whole or any part of such money, and any