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Section 13: Payment into Court by defendant

DISTRICT AND INTERMEDIATE COURTS (CIVIL JURISDICTION) ACT, No · PART II: PROCEDURE

consolidated text (as at 2006, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13. Payment into Court by defendant (1) (a) The defendant in any action brought under this Act, may pay into Court such sum of money as he thinks a full satisfaction for the demand of the plaintiff, together with the costs incurred up to the time of such payment, and notice of such payment shall be communicated by the clerk of the Court to the plaintiff, and the sum of money shall be paid to the plaintiff. [Issue 1] D12 – 4 Revised Laws of Mauritius (b) Where the plaintiff elects to proceed and recovers no further sum in the action than has been so paid into Court, the plaintiff shall, upon the order of the Court, pay to the defendant the costs incurred in consequence of such action being continued after such payment. (2) Where offres réelles are made under article 1257 and following of the Code Civil Mauricien, the money tendered shall be deposited at the office of the cashier. (3) The usher of any Court may act as the officier ministériel referred to in article 1258 and following of the Code Civil Mauricien.

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