ORDER XXXV INTERPLEADER - RULE 1, 2, 3, 4, 5, 6 OF CODE OF CIVIL PROCEDURE 1908

What is Plaint in interpleader-suit? Payment of thing claimed into Court, What is the Procedure where defendant is suing plaintiff? What is the Procedure at first hearing? Can Agents and tenants may not institute interpleader suits? What is Charge for plaintiff’s costs? Rule 1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908

Plaint in interpleader-suit, Payment of thing claimed into Court, Procedure where defendant is suing plaintiff, Procedure at first hearing, Agents and tenants may not institute interpleader suits and Charge for plaintiff’s costs are defined under Rule 1, 2, 3, 4, 5 and 6 of Order XXXV of Code of Civil Procedure 1908. Provisions under these Rules are:


 

Rule 1 Order XXXV of Code of Civil Procedure 1908 "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.

Rule 2 Order XXXV of Code of Civil Procedure 1908 "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.

Rule 3 Order XXXV of Code of Civil Procedure 1908 "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.

Rule 4 Order XXXV of Code of Civil Procedure 1908 "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.

Rule 5 Order XXXV of Code of Civil Procedure 1908 "Agents and tenants may not institute interpleader suits"

Nothing in this Order shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords.

Illustrations

(a) A deposits 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 deposits 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.

Rule 6 Order XXXV of Code of Civil Procedure 1908 "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.

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