1988 Ed.] The Rules of the Supreme Court--Order 22
[CAP. 4
action in respect, also, of such interest as might be included in the judgment, whether under section 48 of the Ordinance or otherwise, if judgment were given at the date of the payment into court.
Payment in by defendant who has counterclaimed (O. 22, r. 2)
2. Where a defendant, who makes by counterclaim a claim against the plaintiff for a debt or damages, pays a sum or sums of money into court under rule 1, the notice of payment must state if it be the case, that in making the payment the defendant has taken into account and intends to satisfy-
(a) the cause of action in respect of which he claims, or
(b) where two or more causes of action are joined in the counterclaim, all those causes of action or, if not all, which of them.
Acceptance of money paid into court (O. 22, r. 3)
3. (1) Where money is paid into court under rule 1, then, subject to paragraph (2), within 14 days after receipt of the notice of payment or, where more than one payment has been made or the notice has been amended, within 14 days after receipt of the notice of the last payment or the amended notice but, in any case, before the trial or hearing of the action begins, the plaintiff may-
(a) where the money was paid in respect of the cause of action or all the causes of action in respect of which he claims, accept the money in satisfaction of that cause of action or those causes of action, as the case may be, or
(b) where the money was paid in respect of some only of the causes of action in respect of which he claims, accept in satisfaction of any such cause or causes of action the sum specified in respect of that cause or those causes of action in the notice of payment,
by giving notice in Form No. 24 in Appendix A to every defendant to the action.
(2) Where after the trial or hearing of an action has begun- (a) money is paid into court under rule 1, or
(b) money in court is increased by a further payment into court under that rule,
the plaintiff may accept the money in accordance with paragraph (1) within 2 days after receipt of the notice of payment or notice of the further payment, as the case may be, but, in any case, before the judge begins to deliver judgment or, if the trial is with a jury, before the judge begins his summing up.
(3) Rule 1(5) shall not apply in relation to money paid into court in an action after the trial or hearing of the action has begun.
A 79
[Subsidiary]
App. A. Form 23.
App. A. Form 24.
1988 Ed.] The Rules of the Supreme Court--Order 22
[CAP. 4
action in respect, also, of such interest as might be included in the judgment, whether under section 48 of the Ordinance or otherwise, if judgment were given at the date of the payment into court.
Payment in by defendant who has counterclaimed (O. 22, r. 2)
2. Where a defendant, who makes by counterclaim a claim against the plaintiff for a debt or damages, pays a sum or sums of money into court under rule 1, the notice of payment must state if it be the case, that in making the payment the defendant has taken into account and intends to satisfy-
(a) the cause of action in respect of which he claims, or
(b) where two or more causes of action are joined in the counterclaim, all those causes of action or, if not all, which of them.
Acceptance of money paid into court (O. 22, r. 3)
3. (1) Where money is paid into court under rule 1, then, subject to paragraph (2), within 14 days after receipt of the notice of payment or, where more than one payment has been made or the notice has been amended, within 14 days after receipt of the notice of the last payment or the amended notice but, in any case, before the trial or hearing of the action begins, the plaintiff may-
(a) where the money was paid in respect of the cause of action or all the causes of action in respect of which he claims, accept the money in satisfaction of that cause of action or those causes of action, as the case may be, or
(b) where the money was paid in respect of some only of the causes of action in respect of which he claims, accept in satisfaction of any such cause or causes of action the sum specified in respect of that cause or those causes of action in the notice of payment,
by giving notice in Form No. 24 in Appendix A to every defendant to the action.
(2) Where after the trial or hearing of an action has begun- (a) money is paid into court under rule 1, or
(b) money in court is increased by a further payment into
court under that rule,
the plaintiff may accept the money in accordance with paragraph (1) within 2 days after receipt of the notice of payment or notice of the further payment, as the case may be, but, in any case, before the judge begins to deliver judgment or, if the trial is with a jury, before the judge begins his summing up.
(3) Rule 1(5) shall not apply in relation to money paid into court in an action after the trial or hearing of the action has begun.
A 79
[Subsidiary]
App. A. Form 23.
ļ
App. A. Form 24.
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