Interpleader suit under cpc pdf

In other words, interpleader suit is a suit initiated by a person who has. An interpleader suit is one in which the real controversydispute is not between the plaintiff and the defendant, but is rather between the defendants only, who interplead against each other. According to order 35, rule 1, of cpc, in every interpleader suit, in addition to other statements, the plaint shall state. Suits by indigent person the article thoroughly dealt with order 33 of cpc, 1908 and provides the benefits which are available to an indigent person under the cpc. Section 261, cpc says that every suit shall be instituted by the presentation of a plaint or in such other manner as may be prescribed. Interpleader suit section 88, order 35 code of civil.

Ordinarily, suit under the cpc is a civil proceeding instituted by the presentation of a plaint. An interpleader suit is one in which the real controversydispute is not. In other words if the plaintiff is in possession of some article, things or property in which he is not having direct interest or he may be a custodian or stake holder and if he is in a dilemma over the rivals claims of the defendants, he may file interpleader suit. This rule declares a prohibition and its concluding part provides an exception. Order 33 cpc is an enabling provision which allows filing of a suit by. X as plaintiff may institute an interpleader suit against. In order to determine whether a suit is an interpleader suit under the. The interpleader suit is a suit in which several claimants who are claiming the property against each other. Res subjudice under the civil procedure code, 1908. In every suit of interpleader the plaint shall, in addition to. In such type of suit the matter in dispute is the title to the movable or immovable property or money which is claimed by two or. The hallmark of an interpleader suit is the fact that, in an interpleader suit, the plaintiff is not really interested in the subjectmatter of the suit.

An appeal can be preferred under order xliii, rule 1 of the code of civil procedure, 1908. An order adding a defendant to an interpleader suit on his application is one passed under o. Under the proceeding as originally developed, the stakeholder would deposit the res with. Not every suit which is civil in nature follows the same course of trial and proceeding. A under this section to the secretary of state of a proposed suit. It is often used to determine disputes arising under insurance contracts. Section 88 and order xxxv of the civil procedure code 1908 deals with the provision of interpleader suit. Pdf interpleader suits section 88 read with order xxxv of the. In this article, anusha chand discusses interpleader suit, section 88 read with order xxxv of cpc. Interpleader is civil procedure that allows a plaintiff or a defendant to initiate a lawsuit in order. Appeal and its kinds under cpc cpc, studying law, appealing. This video lecture explains the topic of section 88 inter pleader suit under civil procedure code, 1908 cpc.

Section 88, interpleader suit, cpc video lecture by sir. Interpleader suits section 88 read with order xxxv of. An interpleader suit means if any person claims any property of her husband or her parents and in case the owner of the property is dead without transferring the property, then the second owner has to claim the property from the bank or authority. Institution of suit and its essentials legal service india. Interpleader suit is a suit filed by a person who has no direct interest in the subjectmatter of the suit.