Interpleader suits:

party(called
asuit to determine a right to property held by a usuallydisinterested third
It means ownership and who therefore deposits the property
with
a stakeholder) who is in doubt about ownership. (Black's Kaw Dictionary.)
the court topermit interested parties to litigate
Sec. 88 of the Code of Civil Procedure provides: two or more persons claim adversely to
Where
"Where interpleader suit may be instituted. from
sum of money or other property, movable or immovable,
one another the same debt, who is ready
therein other than for charges or costs and
another person, who claims no interest institute a suit of interpleader
deliver it to the rightful claimant, such other person may
to pay or
obtaining a decision as to the person to whom the
against all the claimants for the purpose of indemnity for himself.
payment or delivery shall be made and of obtaining which the rights of all parties can properly de
Provided that where any suit is pending in
decided, no such suit of interpleader shall be instituted."
there is a dispute between the depositor
Where a person deposits in a bank and subsequently deposited, the bank can bring an interpleader
and another regarding ownership of money
suit.(AIR 1957Mad 745)
between the plaintiff and defendant but
Therefore, in an interpleader suit, the dispute is not interest in the claim except his interest
between the defendants. The plaintiff must not have any
himself against rival claimants.
for charges and costs and to obtain indemnity for
interpleader, the plaint shall in addition to the other
Order 35 r-1 enjoins: "In every suit of
statements necessary for plaints, state subject-matter in dispute other than for
(a) That the plaintiff claims no interest to the
charges or costs;
(b) The claims made by defendants severally; and
plaintiff and any of the defendants."
(c) That there is no collusion between the
for costs. (AIR 1938
position to walk out of the suit with a mere clain
The plaintiff is impartial. He must be in a
Cal 287)
regard to
that contained in Rule-1, Order 35 with
There are two major restrictions, except this Order shall be deemed to enable
interpleader suit. Order 35, r-5 reads: Nothing in purpose of
to sue their landlords, for the
agents to sue their principals or tenants
other than persons making claim through
compelling them to interplead with any persons
such principals or landlords"
Chandrakala AlR 2005 NOC 412
cannot be iled by the tenant. (Sushila Mehta Vs
Aninterpleader suit against he landlord
Raj)
an agent of the detendant and has
exccption, it has to be shown that the plaintiff is
In order to bring the casc under the above defendant to interplcad with person other than persons making claims
instituted the suit for the purpose of compelling the
hrough him. (AIR I954 Punj 103)
what right and suclh other prayer is not
landlords for adeclaration which defendant has
A suit by a tenant against twosets of
784)
by way of interpleader. (14 CWN
Suit by a bailee against rival claimants
ln the Court of at

Suit No. of 20. Plaintiff

Mr. X........
Vs
.Defendant
1. Mr. A-... .Defendant
2. Mr. B

The plaintiff' most respectfully sheweth

plaintiff a gold watch
1. That in or about Mr. A,s/o Bhad deposited with the watch with him.
custody. The plaintiff as a bailee has been keeping the said of the
for demanded from the plaintiff re-delivery
said A, defendant No. I, has instructed
2. That the dated. on the plaintiff
watch. The defendant No.2 by a notice defendant No.1. What is more, he claimed
watch to the
the plaintiff not to deliver the
alleging his ownership of the watch.
delivery of the watch to him of the defendants.
plaintiff is unable to ascertain the respective rights
3. That the
has no claim upon the said
watch other than for charges and
4. That the plaintiff himself rightful claimant
bailee. The plaintiff is agreeable to deliver the watch to the
costs of a
as may be directed by the
Ld. Court. defendants.
suit has not been instituted in collusion with any of the
5. That this
arose on when the rival claim was put by the
6. That the cause of action
.....

defendant No.2. court-fees is paid on

at Rs. (value of the watch) and
7. That the suit is valued
.....
(Claim of the plaintif).

The plaintiff, therefore, prays:

directed to interplead
(i) That the defendants be
on the watch.
together relating to their claim
person
(ii) That the watch be delivered toa
plaintiff be
authorized by the court and the
delivery to
discharged from his liability upon
the defendants.
Costs of the suit.
(ii)
Verification
Affidavit

Notes: C.P.C
1. Sec88 and Order 35
Act. Article. 113-3 years
2 Limitation
CPC
3. Costs - Order 35