under the provisions of Order 32 as of these Rules they apply in relation to a list of documents served in
pursuance to any provision of that Order.
Order 31
Payment into and out of Court
1. (1) In any action for a debt or damages the defendant may, at any time after he has entered appearance in the
action, pay into Court a sum of money in satisfaction of the cause of action in respect of which the plaintiff
claims or where two or more causes of action are joined in the action, a sum or sums of money in satisfaction of
any or all of those causes of action.
(2) On making any payment into Court under this Rule and on increasing any such payment already made the
defendant shall give notice thereof in Form 26 in the Appendix to these Rules to the plaintiff and every other
defendant (if any) and within 7 days after receiving the notice the plaintiff shall send the defendant a written
acknowledgement of its receipt.
2. (1) Payment into Court, whether made in satisfaction of the plaintiff's claim generally or in satisfaction of
some specific part thereof, shall operate unless the defendant in his defence denies liability, as an admission of
liability to the extent of the amount paid in, and no more, and for no other purpose.
(2) When money is paid into Court with a defence denying liability, it shall be subject to the provisions of rule 5
of this Order.
3. Where the defendant pays money into Court, and the liability of the defendants in respect of the claim or cause
of action in satisfaction of which the payment into Court is made is not denied in the defence, the plaintiff shall
be at liberty to accept it in full satisfaction and discharge of the cause of action in respect of which it is paid in
and in that case, the plaintiff may forthwith apply by motion for payment of the money to him and, on hearing
the motion, the Court shall make such order as to stay of further proceedings in the suit, in whole or in part and
as to costs and other matters as seems just.
4. If the plaintiff does not so apply, he shall be considered as insisting that he has sustained damage to a greater
amount or (as the case may be) the defendant was and is indebted to him in a great amount, than the sum paid in
and in that case the Court, in disposing of costs at the hearing shall have regard to the fact of the payment into
Court having been made and not accepted.
5. When the liability of the defendant, in respect of the claim or cause of action in satisfaction of which the
payment into Court has been made, is denied in the pleading, the following rules shall apply(a) the plaintiff may accept, in satisfaction of the claim or cause of action in respect of which the payment into
Court has been made, the sum so paid in (whereupon all further proceedings in respect of the claim or cause of
action except as to costs, shall be stayed) or the plaintiff may refuse to accept the money in satisfaction, in which
case the money shall remain in Court subject to the provisions hereinafter mentioned if(b) the plaintiff accepts the money so paid in, he shall be entitled, with leave of the Court, to have the money
paid out to him;
(c) the plaintiff does not accept the sum so paid in, but proceeds with the action in respect of the claim or cause
of action or any part thereof, the money shall remain in Court;
(d) the plaintiff proceeds with the action in respect of the claim or cause of action, or any part thereof, and
succeeds, the amount paid in shall be applied, so far as is necessary, in satisfaction of the plaintiff's claim, and
the balance (if any) shall, under Court order, be repaid to the defendant;
(e) the defendant succeeds in respect of such claim or cause of action, the whole amount shall, under Court
order, be repaid to him.
6. (1) Where any money is required to be paid into or deposited in Court, the Court may, if it thinks it expedient,
order that the money be paid into a savings account at a reputable commercial bank.