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[Cites 0, Cited by 0] [Section 173] [Entire Act]

Chota Nagpur Division - Subsection

Section 173(2) in Chota Nagpur Tenancy Act, 1908

(2)If, after such payment, the plaintiff elects to proceed with the suit, and ultimately obtains a decree for no more than what was paid into Court, he may be charged with ail costs of the suit incurred by the defendant subsequently to such payment; but, if the plaintiff ultimately obtains a decree for more than what was paid into Court, the defendant may be charged with costs as upon a suit originally instituted for the whole amount for which the plaintiff ultimately obtains a decree, but shall have credit there out for the amount of costs paid into Court by him in the first instance.