SECTION 88, 90 OF CODE OF CIVIL PROCEDURE 1908

Where interpleader suit may be reinstituted? What is Power to state case for opinion of Court? Section 88 and 90 of Code of Civil Procedure 1908

Where interpleader suit may be reinstituted and Power to state case for opinion of Court are defined under Section 88 and 90 of Code of Civil Procedure 1908. Provisions under these Sections are:


 

Section 88 of Code of Civil Procedure 1908 "Where interpleader suit may be reinstituted"

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.

 

Section 90 of Code of Civil Procedure 1908 "Power to state case for opinion of Court"

Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.

Public nuisances and other wrongful acts affecting the public.

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