Interpleader suit

Interpleader suit

It’s define in section 88 and order 35 of Cpc. When the plaintiff on behalf of defendant filed a suit in the court for choosing the actual owner of the property, then it is called interpleader suit.

When the plaintiff is not the real owner of the property he file the suit to know the real owner.

Example- A- Plaintiff B- Defendant

A found a box . B and C both claimed the property. Then here A file a suit in the court to decide the actual owner of the property.

When Interpleader suit may be Instituted

Section 88 define where on in which condition interpleader suit may be instituted.

1-) debt, assets, property in the dispute is either movable or immovable .

2-) There are two defendants in the action.

3-) But the defendants are entitled to demand the property.

4-) For any interest the person who has to pay the debt, to the defendants is not legitimate.

5-) The compliment is able to pay the defendant the debt, or any sum of money or property .

6-) Suit in this are not pending .

7-) if the judgment is issued in res judicata this suit can not be filed twice.

Here the plaintiff have no interest in the case and who is ready to pay or deliver the property to the real owner.

Provide that

If a suit is pending in which the right of every person can properly he decided then no such suit of interpleader is filed.

How to file an interpleader suit

– The suit can only filed by the plaintiff can be a bank in some cases.

– No land lord can sue against histerant , no family member can sue the defendant .

– There were many defendant .

– all the things are kept in the custody of the court.

Who can not file the suit ?

Defendant can not file the interpleader suit defendants claims the property from the plaintiff.

Interpleader suit by tenant

No agent can sue their principle and no tenants can sue there land lord.

Plaintiff in interpleader suit (Rule-1)

In every suit of interpleader the plaintiff shall mention all the nessecary statement and mention other thing like

1-) that the plaintiff claim no interest in the subject matter he only pay the cost of the court.

2-) All defendants claim the property separately .

3-) There is no collusion between the plaintiff and any of the defendants.

Payment of things claimed is capable of being paid in the custody of court then they submit the thing in the court . It is the responsibility of plaintiff to pay on place it before court he can entitled to any order in the suit.

Produce where defendants in suing plaintiff ( Rule-3)If things defendants file a sue against the plaintiff in respect of the subject matter and the case is pending know about the case from court where interpleader suit is issue, then the court stay the proceeding.

Procedure of first hearing

a-) court declare that the plaintiff discharge from all his duty related to the case and awarded him his cost.

b-) if court satisfies that for justice all parties of the suit will required then the court will not discharge any party.

c-) issued framed between the parties be framed and tried.

d-) that any claimed be made a plaintiff and the suit try in ordinary manner.

Rule-5 agent and tenant may not Institute interpleader suit.

– agent shall not sue against their principal or

– tenants shall not sue against their landlord.

Example- A deposite a box with b as his agent callges that the were wrongfully obtained from him by b can not institute an interpleader suit.

Ranjan Sharma and other vs labh singh other ( may 6 2011)

It’s was held in the case that tenant and agent shall not file interpleader suit against their land lord .

Change for plaintiff case ( rule-6)

After the suit is property Instituted then can’t may provide the cost to plaintiff by giving him change on the thing chained.

Case law

Mangal Bhikaji Nagpase vs state of Maharashtra (1997)

Bombay HC held that it is mandatory for the plaintiff to affirm that he has no interest in the subject matter of the dispute other than costs and change.

Interlocutory order

Introduction

Interlocutory application means an to the court in any suit , appealer or proceeding which is already instituted in such court but it is not a proceeding for executive of a decree or order

Webster new world dictionary

‘Interlocutory’ as order other than a final decision once an action has been commenced all other application are called interlocutory application interlocutory order define in order 39 rule-6 to 10 of civil procedure code .

Power to order Interim sale (rule-6)

Court have the power to interim sale. If court satisfies that it is nesscarry to order interimsale of any movable property which is subject to speedy and natural decay then

also court may under to interim sale on if there reasonable ground to sale then also court under intermisale .

Situation where court order interim sale-

1-) if court satisfies that the sale is necessary

2-) if the property subject to speedy and natural decay

3-) if there is reasonable ground to sale.

Detention preservation inspection etc of subject matter of suit

a-) Court have the power to make an order for the detention , preservation on inspiration of any property which is subject matter of such suit.

b-) On authorize any person for this purpose to enter into any lond of building .

c-) on authorize any person to take any simple or any observation from the experiment and that use as evidence .

Who entered to this rule , all rules are apply to that person

Application for such order to be after notice (rule-8)

1-) application by the plaintiff for an order under rule 6 on 7 the court may be made notice to other party at any time after the institute of suit.

2-) defendant made application at anytime after appearance.

3-) before making an order if rule 6 and 7 an application made to the opposite party expert if court . Satisfies that due to application the matter will be delay.

When party may be put in immediate possession of land the subject matter of suit (rule-9) if the subject matter of land is aa revenue lond from which the government get revenue and party neglect to pay the revenue. then the court then such property to sale to other person . Who have the interest to take the position of that property and the defeaulter may made application for the amount so paid.

Deposit of money etc in court (rule-10)

If the subject matter of the suit is capable of delivery and person admit that he hold such property as trustee and also admit that the property belongs to other property. the court may order that person to submit that money in the court or to last named party.