Section 88 and order XXXV  of the Civil Procedure Code 1908  deals with the provision of interpleader suit. The interpleader suit is a suit in which several claimants who are claiming the property against each other. In such type of suit the matter in dispute is the title to the movable or immovable property or money which is claimed by two or more persons against each other. The main object of an interpleader suit is to get claims of revel dependent and dedicated.

1) Meaning and definition of interpleader suit


    Dictionary meaning of Interplead is to go to trial with each other in order to determine a right on which the action of a third party depends. It is a civil procedure that allows a plaintiff or a defendant to initiate a lawsuit in order to compel two or more other parties to litigate a dispute

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


          Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for 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 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 -


The main object of filing an interpleader suit is to get 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 it 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 XXXL Rule 5) 


        An agent cannot sue his principal or a tenant his landlord for the purpose of compelling them to interplead with persons other than persons claiming through such principles or landlords.



See also...


1. Difference Between Summary Suit and Ordinary Suit (Regular Suit)

2. Caveat (Section 148-A of The Code of Civil Procedure)

3. What is Stay of suit or Res-Subjudice

4. Difference between Decree and Order

5. What is Legal disability and its effects u/s 6 of the Limitation Act (Section 6 of the Limitation Act 1963)


0 comments:

Post a Comment

See Also..