Section 13: Payment into Court by defendant
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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Questions this section answers
- If the defendant pays money into Court to settle my claim, what happens if I choose to carry on and get no more than that amount?