(3) Where the Court makes a final decree in the suit, it shall take into consideration any
sum of money paid or collected in accordance with this section.
(4) Where the plaintiff accepts such amount as satisfaction in part only of his claim he
may proceed with his suit for the balance, and if the Court decides that the deposit
was a full satisfaction of the plaintiff’s claim, the plaintiff shall pay the cost of the
suit incurred after the deposit and the costs incurred previous thereto so far as they
were caused by reason of excess claim by the plaintiff.
(5) Where the plaintiff accepts such amount as satisfaction in full of his claim he shall
present to the Court a statement to that effect and the Court shall pronounce
judgment accordingly; and in directing by whom the costs of each party are to be
paid, the Court shall consider which of the parties is most to blame for the litigation.
CHAPTER 3
ABATEMENT OF SUITS
97.
Death of one of the Parties:1) the death of a plaintiff or defendant shall not cause the suit to abate if the right to sue
survives.
2) Where a party to a suit dies, his legal representative or heirs shall be made a party to
the suit, on the application of such legal representative or heirs or of any party to the
suit.
98.
Bankruptcy of Plaintiff:(1) The bankruptcy of a plaintiff in any suit which the receiver in such bankruptcy might
maintain for the benefit of his creditors shall not cause the suit to abate unless the
receiver declines to continue the suit or to give security for the costs or unless for any
special reason the Court otherwise directs.
(2) Where the receiver neglects or refuses to continue the suit the defendant may apply
for the dismissal of the suit on the ground of the plaintiff’s bankruptcy and the Court
may make an order dismissing the suit or make any order it thinks fit.
(3) Where a suit abates or is dismissed under the provisions of this section, the receiver
may apply for an order to set aside the abatement or dismissal; and if it is proved that
He was prevented by any sufficient cause from continuing the suit, the Court shall
set aside the abatement or dismissal on such terms as to costs or otherwise as it
thinks fit.
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