PLAINT ( INTER PLEADER SUIT )

IN THE COURT OF THE CIVIL JUDGE (SENIOR DIVISION) AT BHUBANESWAR, ORISSA

Other suit -------2015

AB, D/o. CD, aged about 65 years, female, Hindu,
Indian by Nationality, Employment by profession
Present and permanent resident of kalinga Nagar,
Nearby BDA Office, Bhubaneswar-751003 (Orissa) ……. plaintiff

Versus

1. EF s/o. GH, aged about 62 years, Male, Hindu,

Indian by Nationality, Business by profession
Present and permanent resident of Sahid Nagar,
Near CINE INOX Mall, Bhubaneswar -751007

2. XY s/o. AB, aged about 42 years, Male, Hindu,

Indian by Nationality, Employee by profession
Present and permanent resident of Sahid Nagar,
Near IMFA Park, Bhubaneswar -751007 .......... Defendants

Plaint
filed by the above named plaintiff under order 35 read with order 7 and section 88 and
section 151 of the code of civil procedure most respectfully showeth as follows.-

1. That one deceased GH deposited the property mentioned below in the schedule of
this plaint with the plaintiff on dtd. 01.01.2013 for safe keeping.

2. The defendant EF approached the plaintiff on 02.02.2014 and claims the said
property from the plaintiff under an deed of assignment allegedly executed by the
deceased GH on dtd. 01.09.2013.

3. The defendant XY do also approached the plaintiff on dtd. 03.05.2013 claiming

the same property held with plaintiff alleging that the deceased GH executed a
testamentary deed allegedly on dtd. 01.12.2013 in his favour.

4. The plaintiff is ignorant of the respective rights of the defendants in respect of

their respective individual claims against each other.

5. The plaintiff no claim upon the said property except the charges and costs
incurring from time to time for maintain and preservation of the property.
 6. The plaintiff is willing and ready to deliver the property to such person as directed
by the court.

7. The suit is not brought by collusion with either of the defendants.

8. The cause of action for filing of this suit arose on

1. 01.01.2013, the day on which deceased GH delivered the possession of the

property for safe keeping.
2. 02.02.2014, the defendant EF approached the plaintiff and claiming possession
of the property
3. 03.05.2013, the defendant XY approached the plaintiff and claiming
possession of the property

9. This Hon’ble court is having a jurisdiction to try the suit.

10. The plaintiff valued the suit at Rs. 5000 in accordance with suit valuation Act.

11. The plaintiff paid the requisite value of court fee of Rs. 50/- as calculated under
Indian court fees Act.

12. The defendants are the interested persons and are liable to be called upon by the
court for the purpose of conclusive adjudication of their inter-se claims.

13. Therefore, the plaintiff prays that this Hon’ble court be pleased to pass an order

(a) Restraining the defendants from taking any proceedings against plaintiff in
relation thereto

(b) That the defendants be required to interplead against each other concerning
their claims to the said property

(c) That some be authorised/ appointed to receive the custody of the property
pending proceedings

(d) That upon delivering the property to such other person as appointed or
authorised, the plaintiff be discharged from all liability against the defendants
paying RS. 5000 towards charges and maintenances of the property and

(e) Such other reliefs which this Hon’ble court thinks just and reasonable in the
larger interests of justice.

Bhubaneswar
31.12.2015 Plaintiff.

Verification
The plaintiff is hereby certifying the facts stated above in the plaint from paragraphs 1 to 4
are to the best of my knowledge, information and belief.

Plaintiff

Affidavit

I AB, D/o. CD, aged about 65 years, female, Hindu, Indian by Nationality, Employment by
profession Present and permanent resident of kalinga Nagar,Nearby BDA Office,
Bhubaneswar-751003 (Orissa) do hereby solemnly affirm and sincerely state on oath as
follows.-
1. I am the deponent of this affidavit
2. I read and understood the facts stated above in the plaint.
3. The facts above in paragraphs 1 to 4 of the plaint are to true to best of my knowledge.

Deponent

Schedule