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Interpleader Suit Under Civil Procedure Code 1908
Section 88 of the Civil Procedure Code defines interpleader suit. In this kind of suit, the plaintiff files a suit to choose the actual owner of the property. There is more than one defendant in this type of the suit as many defendants can claim the right over the property. The plaintiff is the one who cannot claim any cost and also ready to deliver the property to the defendants.
Conditions of Interpleader suit
- Debt, money, property either movable or immovable in the dispute.
- Two defendants are there in the suit.
- Both defendants can claim each other for the property or money.
- The person who has to pay the debt to the defendant is not valid for any interest.
- The Claimant is willing to pay the debt, or some amount of money, or property to the defendant.
- Suits are not pending in this.
- This suit cannot be filed twice if the judgment is given in Res judicata.
Test of applicability
The test of applicability is completed during the suit when the pleading goes on. This test is completed by a court of law, after this test they decide about subsequent owner of the property or money. This test is extremely important for the interpleader suit. Because in an interpleader suit one or more defendants are there. During a test of applicability, some questions are asked from the defendant during the pleading.
Plaint in an interpleader suit
The Plaintiff is that the one that only filed a suit within the court on behalf of defendants for the claim of property which is claimed by the various defendants. The Plaintiff has no direct possession of the property. He has an indirect possession of the property. But during this sort of suit, the sole plaint can file a suit. The defendant isn’t allowed to file a suit.
Case Law
Also in Neeraj Sharma v The District Sangpur Khadi Gram, the Punjab and Haryana High Court held that an “interpleader suit by a tenant will be maintainable if the other person claiming a right over the disputed property is doing so through the original landlord and such suits will not be maintainable if the person independently claims ownership over the property and rent from the tenant.”
In Asaan Ali v Sarada Charan Kastagir, The Calcutta High Court held that “for a suit to be an interpleader suit, the applicant should be willing to handover the property to the claimant and should not have any interest in it. When suits with the applicant having an interest in the res are filed then such suits shall be dismissed on the discovery of the fact that the plaintiff has an interest in the subject matter of the suit.”