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CPC (Interpleader Suit)

An interpleader suit is filed when more than one person claims the same property. The document defines an interpleader suit under Indian law and discusses conditions for filing one. It also provides examples of case laws related to interpleader suits.

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60 views4 pages

CPC (Interpleader Suit)

An interpleader suit is filed when more than one person claims the same property. The document defines an interpleader suit under Indian law and discusses conditions for filing one. It also provides examples of case laws related to interpleader suits.

Uploaded by

Charu Lata
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© © All Rights Reserved
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CODE OF CIVIL PROCEDURE

INTERPLEADER SUIT-

Meaning and definition


When the plaintiff on behalf of the claimant filed a suit for choosing the actual owner of the property then it is
called an interpleader suit. When a Plaintiff is not in the direct possession of the property or thing, he files a
suit. Petitioner has the indirect possession of the property. There is more than one defendant in this suit,
because in this suit more than one defendant can file the suit for the claim of property. When the actual owner
of the property dies without transferring the property to anyone then the property transfer becomes the
interpleader suit. Other than that the plaintiff may file a suit for the movable or immovable property to deliver
the property to the defendant because more than one person has filed a suit for the claim of property. Debt is
required in this suit or some amount of money for the dispute which is between two defendants. Defendants
can claim some debt from another defendant of the property. Only the plaintiff is the one who cannot claim
any cost and is also ready to deliver the property to the defendants. Interpleader is defined in Section 88 of the
Civil Procedure Court.

Interpleader suit in CPC


Interpleader suit in C.P.C is defined in section 88 with order no XXXV. 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.
After claiming for such property the bank or the authority has to file an interpleader suit in the court. Then the
court will decide who will be the main owner of the property. In an interpleader suit, there were many
defendants to claim the property. Plaintiff gets the monetary value for filing the suit in the court on behalf of
the defendant. He is not liable for any damage.

The Reinstitution of interpleader suit.


Where interpleader suit may be reinstituted and Power to state case for the opinion of the Court is defined
under Section 88 and 90 of the Code of Civil Procedure 1908. When defendants blame each other for the
claim of the same property, debt or sum of money from the plaintiff who is not in the direct possession of the
property or debt and also he doesn’t claim interest and ready to deliver the property and he is ready to give the
property to the claimant. The suit which is filed related to Res Judicata cannot be instituted in another court.

The Object of filing interpleader suit.


The suit is filed when the object is to be claimed by the defendants. The claim of the suit gets adjudicated.
The suit is filed when any person in any condition cause death and has left some of the property without
transferring to other members of the family then that other family member has to claim the property or money
from the bank and then the bank has to become claimant to file a suit in the court to decide whomever the
property has to be transferred. This type of suit filed in the Res Judicata court.
Interpleader suit and its condition

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.

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Test of applicability
The test of applicability is done during the suit when the pleading is going on. This test is done by a court of
law, after this test they decide about the next owner of the property or money. This test is very important for
the interpleader suit. Because in an interpleader suit one or more defendants are there. In a test of
applicability, some questions are asked from the defendant during the pleading.
Plaint in an interpleader suit
The Plaintiff is the person who only filed a suit in the court on behalf of defendants for the claim of property
which is claimed by the different defendants. The Plaintiff has no direct possession of the property. He has an
indirect possession of the property. But in this type of suit, the only plaint can file a suit. The defendant is not
allowed to file a suit.

CASE LAWS

1)Mangal Bhikaji Nagpase vs state of Maharashtra (1997)


Bombay HC held that it is mandatory for the plaintiff to affirm that he has no interest in the subject matter of
the dispute other than costs and change.

2) Smt. Mohan Devi V. SH. Gokal Chand And Anr


Facts of the case:The tenant filed a case against the landlord in court under an interpleader suit for threatening
them to pay the rent of the house. But according to the tenant, he is paying the rent according to the date and
time. Defendant 1 claimed that he lowers the rent as the rent is 250/- per month but he lowers the rent to 200/-
per month. But after the relevant fact, it has been noticed that defendants tried to threaten the tenant to pay the
rent. When the written statement is given by the defendant he admitted that tenant is paying 250/- per month.
But according to order 33, rule 5 of CPC the suit is not maintainable. The RC and E officer observed that the
tenant did not give any evidence related to his shop and it is clearly mentioned in the evidence that the tenant
is not the owner of the shop and had let it out to one Alladia. He accordingly declared that the shop was
vacant.

3)Neeraj Sharma vs The District Sangpur Khadi Gram


Facts of the case- The respondent has filed a suit against the petitioner than again petitioner has filed an
interpleader suit against the respondent. Shanti Devi who died in the year 1922 is the owner of the premises.
After the death of the owner of the premises the petitioner, Neeraj Sharma claimed that he is the owner of the
premises. The respondent takes the premises in dispute from Smt. Shanti Devi who is already dead. Then the
petitioner filed a petition for the application for ejectment of the respondent society on the ground of non-
payment of rent. After that, the petitioner filed a second petition based on the same ground. The Provisions of
Order 35 Rule 5 C.P.C is not applicable in the case.

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