INTERPLEADER SUIT

 

  The Code of Civil Procedure

            Interpleader Suit 

     (Section 88, Order 35 CPC. 

If the actual owner of the property dies without transferring the property to anyone and in possession of a third person directly or indirectly ,then the interpleader suit lies. 

      In the interpleader suit , plaintiff files a suit against the claimants rival to each other for choosing the actual owner of the property.The Plaintiff may be the direct or indirect possession of the property. There  must be more than one defendant in this suit. Any of the defendant can bring the suit for the claim of property. 

Essentials:-

*The interpleader suit is a suit in which several claimants. 

*Who are claiming the property against each other. 

* Matter in dispute is the title to the movable or immovable property or money.

* The claim must be intersee the the Defendants only. 

*The plaintiff has no claim nexus with property in dispute. 

Section 88 CPC is reproduced infra:-

88. Where two or more persons claim adversely to one another the same debt, sum of money or other property movable or immovable, from another person, who claims no interest therein other than or charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of' interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:

Provided that where any suit ii pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted,

1) Definition. 

    To go for trial  for determination of  rights of two or more parties having dispute of rights. 

2) Where interpleader suit may be reinstituted (Section 88 CPC) 

*Two or more persons claim adversely to eacother for debts, sum of money or other property, movable or immovable,

* Claim is from another person, who has no claims or interest  other than for charges or costs 

*Plsintiff is ready to pay or deliver it to the rightful as per Court findings. 

*Any of Claimants or from ehom they claim may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision.

     * If any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

3) Object of interpleader suit -

 √ Claims of rival dependents adjudicated.

4) Conditions 

a) There must be debt, sum of money or other movable or immovable property in dispute

b) There must be two or more persons claiming adversely to one another

c) The person from whom such debt,  money or movable or immovable property is claimed must not be claiming interest therein other than two charges and cost and he must be ready and willing to pay or deliver it to the rightful claimant.

d) There must be no suit pending wherein the rights of rival claimants and can be properly adjudged.

5) Who cannot file interpleader suit - (Order XXXV Rule 5) 

* An agent vs principal. 

* A tenant vs landlord

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