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r 37.05

Payment into Court in discharge of lien

In force
Part 2Offers of compromise

37.05 Payment into Court in discharge of lien

(1)

If in any proceeding—

(a)

the plaintiff claims the recovery of specific property (other than land); and

(b)

it appears from the pleadings or otherwise that the defendant does not dispute the title of the plaintiff but claims to be entitled to retain the property by virtue of a lien or otherwise as security for any sum of money—

the Court may order that the plaintiff be at liberty to pay into court, to abide the event of the proceeding, the amount of money in respect of which the security is claimed and such further amount, if any, for interest and costs as the Court may direct and that, upon the making of such payments, the property claimed be given up to the plaintiff.

(2)

This Rule, with any necessary modification, applies to a counterclaim.

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