(4)Suits in certain cases shall be dismissed:-If the plaint relating to such suit does not expressly allege that the act complained of has been done with malicious intent and without reasonable cause, such suit shall be dismissed, and if in a suit for damages tender of sufficient amendment is made by the defendant before the institution of the suit, or a sufficient sum of money is paid into Court, with costs by or on behalf or the defendant, after the institution of the suit, such suit shall be dismissed.
