plaintiff may tax his costs against the defendant who has made such payment in accordance
with rule 2(3) of this order and the action shall abate against that defendant.
(5)
The plaintiff may continue with the action against any other defendant but the sum paid into Court
shall be set off against any damages awarded to the plaintiff against the defendant or defendants
against whom the action is continued.
Counter-claim
5.
A person made a defendant to a counter-claim may pay money into Court in accordance with the
foregoing rules, with necessary modification.
Persons under legal disability.
6.
(1) In any proceeding in which money or damages is or are claimed by or on behalf of a person under
legal disability, suing either alone or in conjunction with other parties, no settlement or compromise
or payment or acceptance of money paid into Court, whether before, at or after the trial, shall as
regards the claims of any such person be valid without approval of a Judge.
(2)
No money (which expression for the purposes, of this rule includes damages in any way
recovered, or adjudged or ordered or awarded or agreed to be paid) in any such proceedings in
respect of the claims of any such person under legal disability whether by Judgment settlement,
compromise, payment into Court or otherwise, before, at or after the trial, shall be paid to the
plaintiff or to the guardian of the plaintiff or to the plaintiff's legal practitioner unless a judge shall so
direct.
(3)
All money so recovered or adjudged or ordered or awarded or agree to be paid shall be dealt with as
the judge shall direct. The directions thus given may include any general or special directions that
the judge may deem fit to give including directions on how the money is to be applied or dealt with
and as to any payment to be made either directly or out of money paid into Court to the plaintiff or to the
guardian in respect of money paid or expenses incurred or for maintenance or otherwise for or on
behalf of or for the benefit of the person under legal disability or otherwise or to the plaintiff's legal
practitioner in respect of costs or of the difference between party and party and legal practitioner
and client costs.
Payment into and withdrawal of money from Court.
7.
Every application or notice for payment into or out of Court shall be made on notice to the
other side.
ORDER 43
DISCOVERY AND INSPECTION
Discovery by interrogatories.
1.
In any cause or matter, the plaintiff or defendant may deliver interrogatories in writing for
the examination of the opposite parties or anyone or more of such parties and such
interrogatories when delivered shall have a note at the end of it, stating which of the interrogatories
each person is required to answer. Interrogatories shall be delivered within seven days of
close of pleadings.
Form of Interrogatories Civil Form 30