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4.—(1) Where money has been paid into court by any defendant and the plaintiff does not serve notice of acceptance under Rule 3 and does not obtain a decree against that defendant for an amount, exclusive of costs and expenses, greater than that paid into court, then—
(a)where the plaintiff is not under legal disability, he shall not be entitled to any costs against the defendant and shall be liable for the costs of that defendant based on the amount lodged; or
(b)where the plaintiff is under legal disability, costs shall be in the discretion of the judge.
(2) Where a defendant becomes entitled to costs under this Rule such costs shall be paid to him out of the money paid into court before any payment out of the said money is made to the plaintiff.
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