10. Deposit of money, etc., in court.- Where the subject matter of a suit is money or some other thing capable of delivery and any party thereto admits that he holds such money or other things as a trustee for another party, or that it belongs or is due to another party, the court may Order the same to be deposited in court or delivered to such last named party, with or without security, subject to the further direction of the court.
HIGH COURT AMENDMENTS
Bombay, Dadra and Nagar Haveli.- Goa, Daman and Diu - In Order XXXIX, after the existing Rule 10, add the following rule with marginal note as new Rule 11 and its marginal note:— ”11. Procedure on parties, defying orders of Court and committing breach of undertaking to the Court.— Where the Court orders any party to a suit or proceeding to do or not to do a thing during the pendency of the suit or proceeding, or where any party to a suit or proceeding gives any undertaking to the Court to do or to refrain from doing a thing during the pendency of the suit or proceeding, and such party commits any default in respect of or contravenes such order or commits a breach of such undertaking, the Court may dismiss the suit or proceeding, if the default or contravention or breach is committed by the plaintiff or the applicant, or strike out the defences, if the default or contravention or breach is committed by the defendant or the opponent.
(2) The Court may, on sufficient cause being shown and on such terms and conditions as it may deem fit to impose, restore the suit or proceeding or may hear the party in defence, as the case may be, if the party that has been responsible for the default or contravention or breach as aforesaid makes amends for the default or contravention or breach to the satisfaction of the Court: Provided that before passing any order under this sub-rule notice shall be given to the parties likely to be affected by the order to be passed.’ (1.10.1983) and (1.4.1987).
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