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CIVIL PROCEDURE CODE
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INTERPLEADER SUIT
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4/5/2023
VIP
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SUBMITTED TO – AMIT SIR
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SUBMITTED BY – ISBA KHAN
FROM SECTION- A
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ENROLLMENT NUMBER – 2019-342-042
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CONTENTS
INTRODUCTION
RES JUDICATA
INTERPLEADER SUIT IN CPC
THE RESTITUTION OF INTERPLEADER SUIT
OBJECT FILING INTERPLEADER
CONDITIONS OF INTERPLEADER
PLAINT IN AN INTERPLEADER SUITS
FIRST HEARING OF SUIT
CHARGE OF PLAINTIFF
CONCLUSION
INTRODUCTION
An interpleader litigation is one in which the claimant's plaintiff files a lawsuit on their behalf to
determine who the real property owner is. When a Plaintiff is not in actual physical possession of
the object, he files a lawsuit. The property is in the petitioner's indirect ownership. In this
lawsuit, there are several defendants. because multiple defendants in this case may each make a
claim of property lawsuit. When the real property owner passes away without transferring the
property to anyone, the property transfer turns into an interpleader lawsuit. Other than that, the
plaintiff may initiate a lawsuit to have the tangible or intangible assets delivered to the defendant.
In this lawsuit, debt or any additional sum of money is necessary to resolve the conflict between
the two defendants. A debt owed by one defendant to another may be claimed by the defendant.
Only the plaintiff is willing to surrender the property to the defendants and has no way to make
any cost claims. Section 88 of the Civil Procedure Court defines interpleader.
For example - A- Plaintiff B- Defendant
A found a box .B and C both claimed the property. Then here A file a suit in the court to decide
the actual owner of the property.
RES JURICATA
The definition of Res Judicata under Section 11 of the Civil Process Court is that it is the oldest
law. Res Judicata refers to a lawsuit that has already received a judicial ruling. The same subject-
matter cannot be brought up again in a new lawsuit in a different legal format or in a different
court of law if an action has been brought under Res Judicata. If by mistake a case that has
already been filed under Res Judicata is filed in another court of law, the judge has the authority
to dismiss that petition immediately and without further action.
INTERPLEADER SUIT IN CPC
Section 88 of the C.P.C. defines interpleader suits with order no. XXXV. A person must make a
claim against the bank or other authorities if she wants to use any property that belongs to her
husband or her parents, or if the original owner has passed away without transferring the
property. The bank or the authority must file an interpleader lawsuit in court after making a
claim for such property. The primary owner of the property will then be determined by the court.
There were numerous defendants in an interpleader lawsuit vying for the property. Plaintiff
receives compensation for taking the defendant's side in the legal proceeding. He is not
responsible for any damage .
The restitution 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 filling 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.
CONDITIONS OF INTERPLEADER SUIT
Following conditions must be satisfied before instituting an interpleader suit:
There must be some debt sum of money or other property movable or immovable in
dispute.
There must be two or more persons claiming it against each other.
The person from whom such money or property is being claimed must not be claiming an
interest therein other than the charges and costs.
Such a third person must be ready and willing to pay or deliver it to the rightful claimant.
There must be no suit pending wherein the rights of the rival claimant can be properly
adjudicated.
PLAINT IN AN INTERPLEADER SUIT
No such interest in the matter under dispute may be asserted by the plaintiff in a lawsuit against
the defendant. For the interpleader lawsuit, they are assessed fees or costs. In the interpleader
lawsuit to recover the debt or property, there were numerous defendants. Neither the complainant
nor the defendant have conspired. only defendants' cooperation. Before receiving any orders in
the lawsuit, the plaintiff must pay or place anything that is capable of it being paid into the
court's custody. when the plaintiff is sued by the defendant in an interpleader lawsuit on the same
matter in which the plaintiff already has a pending lawsuit. The process will but against the
plantiff.
How to file an interpleader suit?
In any subject-matter of interpleader suit, the plaintiff can only file the suit, and the
plaintiff can be a bank. No landlord may sue his tenant, nor may a family member sue the
defendant.
Everything should kept in the custody of the court .
An interpleader suit on subject matter of debt, money, property, movable or immovable
property.
The plaintiff who is claiming the property may not claim any other charges or costs from
the person who is willing to pay or deliver it to the rightful claimant.
ABOUT FIRST HEARING
The first hearing court involved in the proceedings to learn the parties' contention. In an
interpleader suit, the plaintiff may only sue the defendant if the defendant claims the debtor's
property from the plaintiff. Plaintiff does not have physical possession of the property. He filed
the suit on the defendant's behalf. After filing the suit, the plaintiff is released from all liability in
the suit. He receives substantive relief. The plaintiff pays the court for the lawsuit that is filed.
That amount is never contested. After paying the court, the plaintiff is released from all liability.
If the decision is in favour of both parties, the opening of the Packets more important for the
interest of the both parties.
In the other hand, the non appearance of the suit In any case, any party fails to come on the date
of proceeding even his statement gets recorded already then also proceeding to get adjourned. He
will be dismissed from the suit. And also his amount gets deducted. The plaintiff can raise an
issue in case one of the parties fails to give the payment.
Procedure when the Defendant sues the Plaintiff: Order XXXV, Rule 3 of the Code of Civil
Procedure, 1908 states that whenever one of the defendants in an interpleader suit has been truly
suing the plaintiff in respect of the subject-matter of such suit, the court where the suit against
the plaintiff is pending shall stay the proceedings in that suit as against him upon being informed
by the court in which the interpleader suit is pending.
In the case of, Satyanarain v. District Judge, Tonk & Ors4 , it was held that, it is not as if that
once the suit for interpleader is filed, the other civil suit has to be stayed automatically; in order
to invoke the power under Order XXXV, Rule 3 of the Code of Civil Procedure, 1908, the
plaintiff (or interpleader) is duty bound to establish a prima facie case in his favour.
Procedure where the defendant is suing the plaintiff
When the defendant sues the plaintiff in the same subject-matter, even the previous suit is
pending the other suit will be filed in the court and suit is against the plaintiff in the previous suit
also. Cost may be the same as for the plaintiff which he has to pay to the court.
Who cannot file an interpleader suit?
Defendants cannot file the interpleader suit because defendants are the claimant who claims the
property or debt from the plaintiff. The plaintiff is only allowed to file a suit in the court. And the
plaintiff only pays the cost of the suit in the court. But defendants only litigate in court in the
subject-matter. Defendants are free from all liability after filing the suit in the court.
Landmark case Laws
Neeraj Sharma v. The District Sangpur Khadi Gram]
The Punjab and Haryana High court stated that agents and tenants are not allowed to file
interpleader suits against the principal and landlords, according to Order XXXV Rule 5 of Code
of Civil Procedure, 1908. A tenant cannot sue his landlord for pressuring him to interplead with
someone other than those who have filed a claim through him. If the other person is claiming the
property through the previous landlord and then demanding rent from the tenant, the tenant can
file an interpleader suit to resolve such disparate claims by two or more parties. But, if the other
person is claiming the right and interest in the property without any reference to the previous
landlord and demanding rent from the tenant, the tenant can file an interpleader suit to resolve
such disparate claims are not maintainable.
Hanumanth vajhula Jagannadha v. Vajhula Annapurna Rajesswaramma[6]
Excess execution questions occur when property not included in or protected by the decree is
delivered in execution of the decree, a condition known as “action in excess of the decree” in
law. In such circumstances, an appeal under Section 47 of the Code of Civil Procedure, rather
than a separate action, is the appropriate recourse for the judgement debtor to reclaim the
property delivered more than the decree.
Interpleader suit by tenants
No agents can sue their principles and no tenants can sue their landlords in the interpleader suit
for compelling him to interplead with other person makes a claim related to the tenants through
the landlord. If the other person is claiming the property with the old landlord who has no direct
possession of the property and tried to ask for the rent with the tenant. Then tenant can file an
interpleader suit.
Case law
Neeraj Sharma vs. The District Sangpur Gram
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. In judgment, the provisions of Order 35 Rule 5 of C.P.C are not applicable to the
case because the plaintiff does not pointed out to anyone defendant to be his landlord.
Charge of plantiff cost
The court may provide for the cost of the original plaintiff by giving him a charge on the things
claimed or in some other effectual way.
Car and universal finance company limited VS Caldwell
The respondent is the owner of the Jaguar car. The third person has forced Mr. Caldwell to sell
the car for a cheque amount of 965 dollars and a deposit of 10 dollars. Respondent agrees to sell
the car and he sold the car and got the cheque and when he tried to convert the cheque into cash.
The cheques got dishonoured. The respondent goes to the police about the whole incident and
also informed this incident to the Automobile Association. The respondent told that Mr. Norris
has sold the car to different dealers. The judgment is given by the high court. The court said that
the contract was validly rescinded. It was so without communication, but through an unequivocal
act of election, demonstrating Caldwell no longer wishes to be bound.
CONCLUSION
Finally, I'd like to clarify that an interpleader suit is a suit filed by the plaintiff on behalf of
defendants when the actual owner of the property or debt dies and the plaintiff who is in indirect
possession of the property can file a suit on behalf of defendants who claim ownership of the
property. This has one more than the defendant. There is collusion among the defendants.
Defendants only appear in court before judges. Plaintiff has no direct possession of the property;
he is only present in court to sue to determine who is the true owner of the property or debt. He is
liable for the suit's monetary value.
