Payment into Court by defendant, after tender to plaintiff

(1) The defendant in any suit before the Deputy Commissioner under this Act may, if he has duly tendered the same to the plaintiff before the institution of the suit pay into Court such sum of money as he may consider to be due to the plaintiff, without paying in any costs incurred by the plaintiff up to the time of such payment, and such sum shall immediately be paid out of Court to the plaintiff. (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 all costs of the suit incurred by the defendant but, if the plaintiff ultimately obtains a decree for more than what was paid into Court, the defendant may be charged with all costs of the suit.