Payment into Court,
Costs.
Cross suit.
Answer.
Effect.
Acceptance by plaintif.
Non-acceptance.
Costs.
Cross petition in same suit,
No pleading after
SISWA I.
52
RULE OF Supreme COURT
payment into Court of the amount to which, on the defendant's showing, the plaintiff is entitled; and in default of such payment the defendant shall be hable to bear the costs of the suit, even if he succeeds in bis defence to the extent of the set-off pleaded.
Where a defendant in his answer raises a defence by way of set off, which, in the opinion of the Court, is not admissible as set-off, the Court may either before or at the hearing, on his application, give him liberty to withdraw such de ence, and to file a cross petition, and may make such order for the hearing of the suit and cross suit together or otherwise, on such terms as to costs and other matters as seem just.
Payment into Court.
54. Payment into Court by the defendant must be accompanied by an answer. The answer must state distinctly that t e money paid in is pad in satisfaction of the plaintiff's claim generally, or (as the case may be) in satisfaction of some specific part of the plaintiff's claim, where the claim is stated in the petition for distinct sums or in respect of distinct matters.
Paviment into Court, whether made in satisfaction of the plaintiff's claim generally or in satisfaction of some specific part thereof, operates as an admission of liability to the extent of the amount paid in, and no more, and for no other purpose.
Where the defendant pays money into Court, the plaintiff shall be at liberty to accept the same in full satisfaction and discharge of the cause of suit in respect of which it is paid in; and in that case the plaint ff' may forthwith apply by not on or payment of the money out of Court to him; and on the hearing of the mit on the Court shall make such order as to stay of further proceedings in the suit, in whole or in part, and as to costs and other matters, as se ms just. If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damages to a greater amount, (as the case may be) that the defendant was and is indebt d to him in a greater amount than the sum paid in; and in that case the Court, in determining the suit and disposing of costs at the hearing, shall have regard to the fact of the payment into Court having been made and not accepted.
Counter-claim.
or
55. Where a defendant in his answer raises any specific defence, and it appears to the Court that on such de eneo being established he may be entitled to rel et against the plaintiff in respect of the subj et-matter of the su t, the Court may, on the application of the d fendant ether before or at the hearing, if under the circumstances of any case it thinks fit, give lb rty to him to file a counter claiu by a cross-peti ion in the same sut, asking for relief against the plaintiff, and way make such order for the haring of the suit and counter-claim to̟_et...e: or otherwise, and in sach mmuer an i suca termus as to costs and other matt is as seem just, and may, it in any case it seems fit, require the plainfill to give security to the sat siaction of the Court (là deposit or otherw se) to abide by and perform the dee sion of t e Comit on the counter-clai-n.
Proceedings after Answer.
56. No replication or ot er pleading a.ter auswer is all wal except by special leave of the Court.
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