Inter Pleader Suit

IN THE COURT OF AT .
O.S.No. of 201 .
Between:
AB .. Plaintiff
and
CD,
EF .. Defendants
PLAINT FILED UNDER SECTION 26 AND ORDER VII, RULE 1 AND
ORDER XXXV, RULE 1 OF THE CODE OF CIVIL PROCEDURE
1. DESCRIPTION OF THE PLAINTIFF:
AB son of XY, Hindu, aged years, business, resident of D. No. _______,
_______colony, Hyderabad.
Address for service of all notices is that of his Counsel: Sri , Advocate,
D.No. , Hyderabad.
2. DESCRIPTION OF THE DEFENDANTS:
(1) CD son of GH, Hindu, aged ____years, business,
resident of ________, Hyderabad.
(2) EF son of IJ, Hindu, aged ____years, business, resident
of ________, Hyderabad.
The plaintiff submits as follows:
1. There arose a dispute between the first defendant and
the 2nd defendant in respect of the land of about _____
acres situated at the village _____ in Survey No. ______
more vividly described in the schedule annexed to the
plaint and each is claiming the land to the exclusion of
the other.
2. Both the defendants with their men and followers
entered the suit land on ______ for harvesting the
paddy crop standing on the said land and an altercation
took place between the defendants. The elders of the
village intervened and advised the defendants to get the
crop harvested and kept in the custody of the plaintiff for
which the defendants as well as the plaintiff agreed. The
plaintiff got the crop harvested and subsequently with the
consent of both the defendants sold the paddy crop in the
market and realized an amount of Rs. _____. But the
dispute between defendants remained unsettled and each
of the defendants is claiming the suit amount exclusively
for himself. The plaintiff incurred an expenditure of Rs.
______ in harvesting the crop and transporting the same to
the miller. The balance of the amount is being deposited in
the Honorable Court to the credit of the suit. It is
therefore, prayed that the Honorable Court may decide the
 rival claims of the defendants for the above amount of
Rs._____/- deposited in the Honorable Court which are sale
proceeds of the paddy crop harvested from the suit schedule
land.
3. The plaintiff submits that he has no claim over the amount
deposited in court other than for the costs and that there is no
collusion between the plaintiff and any of the defendants.
4. The cause of action for the suit arose on ______when both the
defendants tried to forcibly harvest the crop; on _____ when
the crop was harvested by the plaintiff; and on ______when the
same was sold and the amount was realized and at _____within
the jurisdiction of this Honorable Court.
5. A fixed Court fee of Rs. _____/- is paid under Sec. 45 read with
Sec. 47 of A. P. Court Fees and Suits Valuation Act, 1956.
 6. The plaintiff, therefore, prays that this Honorable Court
may be pleased to :
a) Declare that the plaintiff is discharged from all the
liabilities to defendants in respect of the amount
deposited in the Honorable Court and award costs to
plaintiff; and
b) Decide which of the defendants who are claiming rights
against each other is the rightful claimant of the amount
deposited in the Honorable Court;
c) Create a charge for the costs of the plaintiff on the
amount deposited or permit the plaintiff to draw the
costs incurred by him in filing the suit from the amount
deposited by the plaintiff; and
 d) For such other relief or reliefs as the Honorable
Court may deem fit and proper in the circumstances of
the case.

Advocate for the plaintiff Plaintiff

(Verification)
Station:
Date: Plaintiff

Note: Schedule of the suit land to be annexed to the plaint.

 Scope of the suit:
 Where rival claims are made in respect of the amounts or
property in the custody of a third party, he may file an inter
pleader suit impleading the rival claimants and seeking a
decision from the court regarding the claims of the defendants
over the said amount or property.
 The plaintiff who is in the custody of property makes no claim
over the same.
 Court fee payable is fixed court fee according to the scale
prescribed in Sec. 47 read with Sec. 45 of the Andhra Pradesh
Court Fees and Suits Valuation Act, 1956 [APCF and SV Act,
1956].
 After the defendants make their appearances, the proper court
fee has to be ascertained on the 3/4th of the market value of the
suit schedule property and after deducting couirt fees already
opaid, the balance has to baid in equal shares by the claimants
[Sec.45(2) of APCF and SV Act, 1956]
 Conditions:
 The plaintiff must be in lawful possession / custody of
another’s property.
 The property may be movable or immovable or money
or a debt.
 The plaintiff must not have any interest in the subject
matter (property)
 The property must be claimed by two or more
defendants.
 The plaintiff is readily prepared to deliver the property
to the right claimant against court decision.