Free Judiciary Notes · CPC Notes
CPC Order 35
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ORDER XXXV-
INTERPLEADER
1. Plaint in interpleader-suit—
In every suit of interpleader, the plaint shall, in addition to the other statements necessary for plaints, state—
(a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs;
(b) the claims made by the defendants severally; and
(c) that there is no collusion between the plaintiff and any of the defendants.
In an Inter-pleader suit, the plaintiff claims:
(a) interest in the subject matter of the suit
(b) no interest in the subject matter of the suit except charges or costs
(c) no interest in the subject matter of the suit also not claims charges or costs
(d) none of the above
Ans. (b)
2. Payment of thing claimed into Court—
Where the thing claimed is capable of being paid into Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he can be entitled to any order in the suit.
3. Procedure where defendant is suing plaintiff—
Where any of the defendants in an interpleader-suit is actually, suing the plaintiff in respect, the subject-matter of such suit, the Court in which the suit against the plaintiff is pending shall, on being informed by the Court in which the interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit.
4. Procedure at first hearing—
1. At the first hearing the Court may—
(a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit; or
(b) if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit.
2. Where the Court finds that the admissions of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed.
3. Where the admissions of the parties do not enable the Court so to adjudicate, it may direct—
(a) that an issue or issues between the parties be framed and tried, and
(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in the ordinary manner.
5. Agents and tenants may not institute interpleader suits—
Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, for the purpose of compelling them to interplead with any person other than persons making claim through such principals or landlords.
Illustrations
(a) A deposit a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C.
(b) A deposit a box of jewels with B as his agent. He then writes to C for the purpose of making the jewels a security for a debt due from himself to C. A afterwards alleges that C's debt is satisfied, and C alleges the contrary. Both claim the jewels from B. B may institute in interpleader-suit against A and C.
'A' deposits a box of jewels with 'B' as his agent. 'C' alleges that the jewels were wrongfully obtained by 'A' from him and claims them from 'B'. Here 'B'
(a) Can institute Inter-pleader suit against 'A'.
(b) Can institute Inter-pleader suit against 'C.
(c) Can institute Inter-pleader suit against 'A' and 'C both.
(d) Cannot institute an Inter-pleader suit against 'A' and 'C'.
Ans. (d)
6. Charge for plaintiff's costs—
Where the suit is properly instituted the Court may provide for the costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.
Inter-pleader suit is a suit:
(a) Between two advocates
(b) Between Union Government Pleader and State Government Pleader
(c) Instituted by a person who has no interest in the subject matter
(d) Instituted by a person who has interest in the subject matter
Ans. (c)
Inter-pleader suit cannot be instituted
(a) for any property which relates to two persons but which is being held by a third person for the time being
(b) for determining the relation between a property and the persons claiming it
(c) for getting himself absolved from the liability to keep the property which is not being held by him
(d) where a suit is pending in which the rights of all parties can properly by decided
Ans. (d)
Awarding future interest is:
(a) mandatory
(b) directory
(c) discretionary
(d) none of the above
Ans. (c)
For an 'Inter-pleader suit' which of the following conditions is not necessary?
(a) There must be some debt or the property in dispute
(b) Two or more persons claiming the debt or the property in dispute adversely to one another
(c) There must be suit pending wherein the rights of rival claimants for the debt or the property in dispute can be properly adjudicated
(d) All of the above
Ans. (c)