(1) The defendant in any suit before the Deputy Commissioner under this Act may, without having tendered the same to the plaintiff before the institution of the suit, pay into Court such sum of money as he may, consider to be due to the plaintiff, together with the costs (to be fixed by the Deputy Commissioner, if necessary, as upon a suit originally instituted for the amount so paid into Court) incurred by the plaintiff up to the time of such payment; and such sum shall immediately be paid out of Court to the plaintiff. (2) If, after such payment, the plaintiff elects to proceed with the suit, and ultimately obtains a decree for no more than what was paid into Court, he may be charged with ail costs of the suit incurred by the defendant subsequently to such payment; but, if the plaintiff ultimately obtains a decree for more than what was paid into Court, the defendant may be charged with costs as upon a suit originally instituted for the whole amount for which the plaintiff ultimately obtains a decree, but shall have credit there out for the amount of costs paid into Court by him in the first instance.
Chapter XVI Judicial Procedure in Matters Cognizable by The Deputy Commissioner
Section 173: Payment into Court by defendant, without prior tender to plaintiff
The Chota Nagpur Tenancy Act, 1908
How current this text is
Text as published by India Code for the Government of Jharkhand. The copy prints amendments in square brackets without naming the amending Acts and gives no "as amended up to" date; the newest amending instrument it names is the Chota Nagpur Tenancy (Amendment) Act, 1969 (President's Act 4 of 1969), while it already carries later wording such as references to the Regional Rural Banks Act, 1976 (section 3) and the Jharkhand Municipal Act, 2002 (section 1).
The copy prints no footnotes. Omitted words are shown as "[* * *]" where the copy shows them, and its typing errors (for example "mortgagte" in section 46 and "tor" in section 6) are reproduced as printed.
Chapter VII-A is printed only as a heading with the title "[* * *]" and contains no sections.
Schedule A, Schedule B and the Appendix (Part I: provisions of the Chota Nagpur Tenancy (Amendment) Act, 1920 not incorporated in the text; Part II: the Seraikela and Kharsawan (Laws) Act, 1951 with its Schedule of modifications) are printed at the end of the India Code file and are listed here by heading only.