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Civil Law
Payment into Court
«11-Feb-2025
Introduction
- Order XXIV of the Code of Civil Procedure, 1908 (CPC) lays down the process for payment into court.
- Order XXIV of the Civil Procedure Code establishes the framework for handling payments made into court during legal proceedings.
- These provisions serve a crucial purpose in civil litigation by providing defendants with a mechanism to settle claims while protecting both parties' interests.
- Understanding these rules is essential for legal practitioners, as they govern the entire process from initial deposit to final resolution, including the important considerations of costs and interest.
Provisions Related to Payment into Court
Rule1: Deposit by defendant of amount in satisfaction of claim
- A defendant facing a claim for debt or damages possesses the right to deposit money into court at any stage of the legal proceedings.
- This provision offers significant flexibility, as the defendant may exercise this right from the moment of filing until the final judgment.
- The amount deposited should represent what the defendant considers full satisfaction of the claim, though the adequacy of this amount may later be subject to court determination.
Rule2: Notice of Deposit
- The law establishes a clear procedure for handling court deposits.
- Upon making a deposit, the defendant must ensure proper notification through the court system.
- This notification serves as an official communication to the plaintiff regarding the availability of funds.
- The court will then facilitate the payment to the plaintiff upon application, unless specific circumstances warrant different directions from the court.
Rule 3: Interest on deposit not allowed to plaintiff after notice
- A significant aspect of the deposit system involves the treatment of interest.
- The law explicitly states that interest calculations on the deposited sum cease from the date the plaintiff receives notice of the deposit.
- This rule applies universally, regardless of whether the deposited amount fully satisfies the claim or falls short.
- This rule encourages plaintiffs to promptly consider and respond to deposit offers.
Rule 4: Procedure where plaintiff accepts deposit as satisfaction in part
- When a plaintiff accepts the deposited amount as partial satisfaction, several important consequences follow:
- The plaintiff retains the right to continue litigation for the remaining claimed amount.
- However, if the court ultimately determines that the deposit constituted full satisfaction, the plaintiff bears significant financial responsibility:
- They must cover all litigation costs incurred after the deposit.
- They must also pay previous costs that resulted from any excessive claims.
- The process for full acceptance requires specific formal steps:
- The plaintiff must submit a formal written statement to the court declaring full satisfaction.
- This statement becomes part of the official court record.
- The court then issues judgment based on this acceptance.
- In determining cost allocation, the court carefully evaluates which party's conduct necessitated the litigation.
- Illustrations
- (a) A owes B Rs. 100. B. sues A for the amount, having made no demand for payment and having no reason to believe that the delay caused by making a demand would place him at a disadvantage. On the plaint being filed, A pays the money into Court, B accepts it in full satisfaction of his claim, but the Court should not allow him any costs, the litigation being presumably groundless on his part.
- (b) B sues A under the circumstances mentioned in illustration (a). On the plaint being filed, A disputes the claim Afterwards A pays the money into Court. B accepts in full satisfaction his claim. The Court should also give B his cast of suits. A's conduct having shown that the litigation was necessary.
- (c) A owes B Rs. 100, and is willing to pay him that sum without suit. - B claims Rs. 150 and sues A for that amount. On the plaint being filed, A pays Rs. 100 into Court and disputes only his liability to pay the remaining Rs. 50. B accepts the Rs. 100 in full satisfaction of his claim. The Court should order him to pay A's costs.
Conclusion
Order XXIV represents a carefully balanced legal framework designed to promote efficient dispute resolution while protecting the rights of all parties involved. The provisions demonstrate the law's emphasis on encouraging reasonable litigation practices through financial incentives and penalties. Understanding these rules is crucial for legal practitioners, as proper application can significantly impact litigation strategy and outcomes. The order's detailed treatment of various scenarios provides clear guidance for handling court deposits, from the initial payment through final resolution, while its cost allocation rules serve to discourage unnecessary litigation and promote fair settlement practices.