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Format of An Interpleader Suit

The document outlines the format for an interpleader suit under Indian civil procedure. An interpleader suit allows a party holding a disputed property (e.g. money or goods) that is claimed by two or more parties to file suit naming the claimants as defendants, deposit the disputed property with the court, and be discharged from liability. The summary includes the key elements of an interpleader suit under Order 35 of the Code of Civil Procedure, including that the plaintiff claims no interest in the disputed subject matter and the claims of the defendant are made severally.

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Faiz Malhi
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668 views

Format of An Interpleader Suit

The document outlines the format for an interpleader suit under Indian civil procedure. An interpleader suit allows a party holding a disputed property (e.g. money or goods) that is claimed by two or more parties to file suit naming the claimants as defendants, deposit the disputed property with the court, and be discharged from liability. The summary includes the key elements of an interpleader suit under Order 35 of the Code of Civil Procedure, including that the plaintiff claims no interest in the disputed subject matter and the claims of the defendant are made severally.

Uploaded by

Faiz Malhi
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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Format of an Interpleader Suit 10/25/17, 10)50 PM

Format of an Interpleader suit

Important points (Assuming that the reader knows what is an interpleader suit)

1. Format of all Civil suits are pretty much the same. They are governed by Order VI (Pleading) and
Order VII (Plaint) CPC. Please see this for theory part.
2. Conditions required for an Inter pleader Suit:
1. There must be some debt, sum of money, or other property - movable or immovable, in dispute.
2. Two or more persons must be claiming the same property advesrly to each other.
3. Plaintiff must not be interested, partly or wholely, in the same property (subject matter of the
suit).
4. There must not be a suit pending wherein the rights of rival claimants can be properly
adjudicated.
3. As per Order 35 of CPC, in every interpleader suit, the plain must state the following -
1. the plaintiff claims no interest in the subject matter in dispute other than charges and costs
2. the claims have been made by the defendants severally
3. there is no collusion between the plaintiff and any of the defendants
4. As per O 35, R 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 principal or
landlord. This is because an agent cannot dispute the title of his principal and a tenant cannot dispute
the ownership of his landlord.

In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20…….


1. A. B. s/o B. C.
123, M G Road, Indore, MP ......................................... Plaintiff

Vs.

1. M. N. s/o O. P.
456, M G Road, Indore, MP ......................................... Respondent 1

2. X. Y. s/o Y. Y.
555, M G Road, Indore, MP ......................................... Respondent 2

Plaint under Order 35 Rule 1

The plaintiff respectfully states as follows : -

(Matters of Inducement)
(1) Plaintiff is a Govt. Servant employed with ... .
(2) Respondents 1 and 2 are both is the president of an informal residents association of MG Road.

(Facts constituting cause of action)


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Format of an Interpleader Suit 10/25/17, 10)50 PM

(3) On 10/10/2008, Respondent 1 gave the plaintiff gold bangles for safekeeping.
(4) On 10/11/2008, Respondent 2 came to the plaintiff asking for the gold bangles claiming that they were
pawned by respondent 1 to respondent 2.
(5) On the same date, 10/11/2008, Respondent 1 also came asking for the bangles. Respondent 1 denied
pawning the bangles to respondent 2.

(Statements as per O 35)


The plaintiff has no interest in keeping the gold bangles.
There is no collusion between the plaintiff and any of the defendants
The bangles are being claimed by the respondents severally and the plaintiff is ignorant of the respective
rights of the claimants.
...
(Jurisdiction)
(10) Respondent 1 is a resident of MG Road, which is under this court's jurisdiction.
(11) The cost of the bangles is 40,000/- which is within this court's pecuniary jurisdiction.

(12) Relief Claimed: The plaintiff prays that

1. the respondents be restrained , by injunction, from taking any proceedings again the plaintiff in relation
thereto
2. the respondents by required to interplead together concerning their claims to the said property
3. some person be authorized to receive the said property pending such litigation
4. upon delivering the property to such receiver the plaintiff be discharged from all liability to either
defendants in relation thereto.

Place: …………………. (Signature of the plaintiff)


Date: …………………..

Advocate for Plaintiff

Verification

I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my
knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff

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