GURU GHASIDAS VISHWAVIDYALAYA,

BILASPUR

ASSIGNMENT REPORT 2024

SUBJECT- “JURISPRUDENCE”

TOPIC-“An analysis of the theories of punishment and its

relevance in the in the current system of administration of justice
in India”

SUBMITTEDBY: SUBMITTEDTO:
RISHABH KESHARWANI MANOJ SIR

ROLLNUMBER:21100151

B.Com. LL. B, 6th SEMESTER

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 ACKNOWLEDGEMENT

I Rishabh Kesharwani studying in the 3rd Year in Guru Ghasidas University like
to state that in the completion of the project report of C.P.C on the topic
“APPEAL AGAINST ORIGINAL DECREE”.I have received a lot of
encouragement and support from various quarters which need special attention.
I would first and foremost like to thank and present my sincere gratitude to my
teacher, Mr. Sudhanshu Shekher Bisen Sir who acted as a guiding light form and
helped me with the completion on this project report. I would also like to thank
my friends for their co-operation and support which helped me in successfully
completing my project.

Rishabh Kesharwani
B.ComLL.B.6th Semester

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 DECLARATION

I, Rishabh Kesharwani student of the Guru Ghasidas University do hereby

declare that, this project is my original work and I have not copied this project
or any part there of from any source without acknowledgement. I am highly in
debted to the authors of the books that I have referred in my project as well as
all the writers of all the articles and the owners of the information taken from
the website for it. It is only because of the contribution and proper guidance of
my faculty advisor Mr. Sudhanshu Shekher Bisen Sir that I was able to gather
light on the subject.

Rishabh Kesharwani
B.ComLL.B.6th Semester

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 CERTIFICATE

Iamgladtosubmitthisprojectreporton “INTERPLEADERSUIT”asapartof my
academic assignment. The project is based on research methodology and further
discusses the interview method. I think this would be significant for
academicpurposesaswellasproveinformationtoallthereaders.HerethoughI
declarethatthispaper is an original piece of research andthe borrowed text and
ideas have been duly acknowledged.
PiyushVats Sharma
B.ComLL.B.6th Semester

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 INTRODUCTION

An interpleader suit is one in which the real dispute is between the defendants
only and the defendants interplead, that is to say plead against each otherinstead
of pleading against the plaintiff as in ordinary suit. In every interpleader suit,
there must be some debt or sum of money or other property in dispute between
the defendants only, and the plaintiffs must be a person who claims no
interestthereinotherthanforchargesorcostsandwhoisreadytopayordeliver it to
such of the defendants as may be declared by the court to be entitled to it.

Thus suppose, certain property is claimed by A as well as by B, and X is in

possession of that property and claims no interest in the property himself and is
ready and willing to deliver it to such party as may be declared by the court to
be the rightful owner of it, X as plaintiff may institute an interpleader suit
againstAandBasdefendants.Insuchacase,Xwill,asrule,bedismissedfrom the suit
at the first hearing after his costs are provided for, and A and B will be left to
interplead and to fight the matter out between themselves as if one of them was
plaintiff and other was defendant (O 35, r.4). But before the plaintiff
isdismissed from thesuit,he must deposit theproperty indispute in court (035,
r2). X can even move the court for an order to get his name removed from the
suit. It would appear that in such a suit it is not necessary that the plaintiff must
admit claimin entirety.To theextent headmitshis liability hemay asktherival
claimants to interplead.

Who claims no interest other than for charges or costs. These words indicate
that the plaintiff in an interpleader suit must be in a real position of
impartiality.1 A railway company which claims no interest in goods in its
possessionotherthanalienonthegoodsforwharfage,demurrageandfreight, may
institute an interpleader suit where the goods are claimed by two persons
adversely to each other.2

A holds in his hands a sum of Rs. 5,000 which is claimed by Band C adversely
to eachother.An institute aninterpleader suit against Band C.It is found at the
hearingthatAhadenteredintoanagreementwithBbeforetheinstitutionofthe suit that
if B succeeded in the suit, he should accept from A Rs. 4,000 only in full
satisfaction of his claim. Here A has, by virtue of the agreement, an interest

1
SambiahvSubbaReddiar(1951)1MLJ353.
2
BombayBarodaRly.Co.vSasoon(1894)18Bom231.

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inthesubjectmatterofthesuit,andheisnot,therefore,entitledtoinstitutean interpleader
suit. The suit must be dismissed.3
Apartywhohastakenanindemnityfromoneoftheclaimantsisnotentitledto file an
interpleader suit.4 A suit is not necessarily an interpleader suit and subject to
the provisions of this section, merely because one of the reliets claimed by the
plaintiff requires the defendants to interplead together concerning certain
claims. The court must have regard to all the prayers of the plaint to determine
the exact nature of the suit.5 A plaint in an interpleader suit can be amended by
inclusion of new properties and joinder of new parties.6

GENERALCONCEPT OF SUIT

ThetermsuitisnotdefinedundertheintheC.P.C.butbyvariousdecisionsit can be
said that
"Suitordinarilymeansacivilproceedinginstitutedbypresentationofaplaint. Civil suit
is the institution of litigation for enforcement of civil rights (or substantive
rights, itmaybe againststateor individual). A suitis resulted into decree. Without
suit there cannot be a decree.
Therearefouressentialsofasuit7
1. NameofParties (theremustbetwoopposingparties) -Inasuitthere must
be at least two parties the plaintiff & the defendant. There is no
limitation with regards to number on either side.
2. Cause of Actions - it is a set of facts or circumstances that a plaintiff is
required to prove. A person is party to a suit if there is a cause of action
against him. The cause or the set of events or circumstances which leads
orresultedintopresentationofaplaintor filingasuit.-laymanlanguage
Legally-Thecauseofactionmeanseveryfactswhichisnecessaryfor the
plaintiffs) to be proved with a view to obtain a decree in his favor.
Causeofactionmeansallessentialfactsconstitutingtherightandits
infringement.

3
MurriettavSouthAmericaCo.(1893)62LJQB 369.
4
HariKarmakarvRobinAIR1927Rang91.
5
JuggannathvTulkakera(1908)32Bom592.
6
RajaBhagwatiBakshSinghvCivilJudgeAIR1961All599.
7
P.M.Bakshi,SupplementtoMulla'sCodeofCivilProcedure(14thed.,Bombay:N.M.TripatiPrivateLimited, (1992).

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 Everyplaintmustdiscloseacauseofactionifnot,itisthedutyofthe court to
reject the plaint - 0.7, R.11
3. Subjectmatter-theremustbeasubjectmatter(withwhatrespector aspect
civil dispute
Section-9. Courts to try all civil suits unless barred. The Courts shall
(subject to the provisions herein contained) have jurisdiction to try all
suitsofacivilnatureexceptingsuitsofwhichtheircognizanceiseither
expressly or impliedly barred.
4. Reliefclaimedbytheplaintiff-nocourtwillgivereliefunlessreliefis
specifically claimed by the party
Reliefisoftwotypes-
1) specificreliefand
2) alternative relief.
Variousstagesofcivilsuit;
 Institutionofsuitorcommencementofsuit.
 Serviceofsummon.
 WrittenStatement
 Firsthearingandframingofissues.
 Discovery.
 Productionofevidenceandfinalhearing.
 Arguments.
 Judgment.
 Preparationofdecree.
 Executionofdecree.
Everysuitshallbeinstitutedbypresentationofaplaintand (everyplaitshallbe proved
by affidavit) by amendment of 2002.- Sec.26
* Everysuitshallbeinstitutedbypresentinga(plaintinduplicatetothecourt) by
amendment of 1999.
* EveryplaintshallcomplytherulescontainedinO.VI&VIlofC.P.C.
* Aplaintshallnotdeemedtobedulyinstitutedunlessitcompliesthe
provisions of O.IV
R.1&2.
*Particularsofeverysuitbeenteredinabookcalledregisterofcivil suit.

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Whenasuithasbeeninstituted,asummonmaybeissuedtothedefendantto appear and
answer the claim and may be served in prescribed manner (as described in O.V
of C.P.C.) within 30 days (amendment act of 1999)- S. 27
Section6-NoCourtShallentertainanysuit,theamountorvalueofthesubject matter of
which exceeds he pecuniary limits of its jurisdiction. Pecuniary Jurisdiction
(Rule - 1)
Section9-Thecourtshallhavejurisdictiontotryallsuitsofacivilnature excepting
suits of which their cognizance is either expressly or impliedly barred.
Jurisdiction relating to subject
matter~(Rule2)
Section15-Everysuitshallbeinstitutedinthecourtofthelowestgrade competent to try
it.
(Rule-3)
Jurisdiction
Jurisdiction means the extent of power of a court to entertain suits and
applications. It signify the power, authority, competency of the court to
adjudicatethedisputespresentedbeforeit.Itcanbereferredtobetherightof
administration justice by means of law. It means the power of authority of a
courtto enquiry to the facts to applythe law andtopronounce the judgement and
to carry it into execution.
TerritorialJurisdiction-Everycourthasitsownspecificlocalterritorial limits -
fixed geographical boundaries
PecuniaryJurisdiction-Thepecuniaryjurisdictionofacivilcourtreferstothe amount
or the value of cases that can be presented before it for adjudication,
Jurisdictionrelatingtosubjectmatter -Itispowerandauthorityofacourtto try a
particular type of suit
OriginalJurisdiction-Inexerciseoftheoriginaljurisdiction,courttries original
suits instituted in that court.
AppellateJurisdiction-Inexerciseoftheappellatejurisdiction,thecourt hears
appeals from decree and order passed by subordinate courts.
Note:-Therearecertaincourtwhichhaveonlyoriginaljurisdictionbutsomeof the
courts which have both original and appellate jurisdiction
Section 10. Stay of suit- No Court shall proceed with the trial of any suit in
which the matter in issue is also directly and substantially in issue in a
previously instituted suit between the same parties, or between parties under
whomtheyoranyofthem claimlitigatingunderthesametitle wheresuchsuit

8
is pending in the same or any other Court in India having jurisdiction to grant
the relief claimed, or in any Court beyond the limits of India established or
continuedbytheCentralGovernmentandhavinglikejurisdiction,orbeforethe
Supreme Court.8
Explanation;ThependencyofasuitinaforeignCourtdoesnotprecludethe Courts in
India from trying a suit founded on the same cause of action.
Section11.Resjudicata.NoCourtshalltryanysuitorissueinwhichthematter directly
and substantially in issue has been directly and substantially in issue in a former
suit between the same parties, or between parties under whom they or any of
them claim, litigating under the same title, in a Court competent to try such
subsequent suit or the suit in which such issue has been subsequently raised,
and has been heard and finally decided by such Court.

WHEREINTERPLEADERSUITMAYBE
INSTITUTED

SECTION-88 :Where two or more persons claim adversely to one another the
same debt, sum of money or other property, movable or immovable, from
another person, who claims no interest therein other than for charges or costs
andwhoisreadytopayordeliverittotherightfulclaimant,suchotherperson may
institute a suit of interpleader against all the claimants for the purpose of
obtainingadecisionastothepersontowhomthepaymentordeliveryshallbe made
and of obtaining indemnity for himself:
Providedthatwhereanysuitispendinginwhichtherightsofallpartiescan properly be
decided, no such suit of interpleader shall be instituted.
"Tointerplead"means"tolitigatewitheachothertosettleapointconcerninga third
party.9
An interpleader suit is a proceeding by which a person from whom some
persons are claiming same property, debt or money and who does not himself
claim such property debt or money and neither dispute such debt, such person
can file a suit claiming that he is ready to pay or deliver the said property or
money to rightful claimant and can protect himself from legal proceedings by
calling upon such claimants to interplead, that is to say claim against one and
othersothattitletothepropertyorthedebtmaybedecided.Meaningthereby,

8
T.LVenkataramaAyiar,MullaonTheCodeofCivilProcedure(13thed..Bombay:N.M.TripathiPrivate Limited,
(1967).
9
T.L.VenkataramaAyiar,MullaonTheCodeofCivilProcedure(13thed.,Bombay:N.M.TripathiPrivate Limited,
(1967).

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an 'interpleader suit is a suit in which the real dispute is not between the
plaintiffsanddefendantsbutbetweenthedefendantsonlyandtheplaintiffisnot really
interested in the subject-matter of the suit
ConditionstoInstituteInterpleaderSuit
Followingconditionsmustbesatisfiedtoinstituteaninterpleadersuit:
 theremustbesomedebt,sumofmoneyorotherpropertymovableor
immovable in dispute;
 twoormorepersonsmustbeclaimingitadverselytooneanother;
 thepersonfromwhomsuchdebt,moneyorpropertyisclaimed,mustnot be
claiming any interest therein other than the charges and costs and he
must be ready to pay or deliver it to rightful claimant; and
 theremustbenosuitpendinginwhichtherightsoftherivalclaimants can be
properly decided.
Scope&Applicabilityofthe Section.
Where X is under a liability for any debt, sum of money, or other property,
claimed adverselyby A or Bor more, andhe desires protection against a wrong
payment or delivery, he can file a suit under this section. The only way, in fact,
in which he can protect himself is by filing such a suit; otherwise if he litigated
with the claimant separately, he Would have to pay the costs of the successful
claimant.Itisnecessarythattheliabilitytosomeonemustbeadmittedandthere must
be no collusion and no interest in the subject matter other than for charges or
costs.
A suit under this section is called an interpleader suit because the plaintiff is
reallynotinterestedin the matter, butonly thedefendants interplead as totheir
claims. In fact, each of the defendants so interpleading is virtually in the
position of a plaintiff and his claim will be governed by the rules of the
Limitation Act.10 A reading of S. 88, Civil P. C., would clearly show that the
courtdoesnothavejurisdictiontotravelbeyondwhathasbeenadmittedbythe plaintiff
as due from him/heror it.The court cannot direct any furtherpayment or
investigate into any question relating to the transaction alleged between the
parties.
Inordertodeterminewhetherasuitisaninterpleadersuitunderthesectionthe Court
must have regard to all the prayers in the plaint. The mere fact that the plaintiff
requires the defendants to interplead as regards one of the reliefs claimed would
not necessarily make it an interpleader suit.11

10
AIR1925Mad497(562)(DB).
11
(1908)32Bom592(597)(DB).

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Where a party in the position of a mere stake-holder is made a defendant in a
suit, his proper course is to deposit the money (if it is a suit for money) into
Court and ask that the parties really interested may be substituted for himself as
defendants. Such deposit by him is a valid discharge for him and if the Court
paid it to a wrong person he is not responsible. But in view of the definition of
theexpression'interpleadersuit'andtheproceduregoverningsuchsuitsgivenin this
section, the Court of Wards can institute interpleader suit against several
claimants, when, on the death of any person of whose property the Court of
Wardshas assumed jurisdiction,the successiontohis propertyis disputed.Such a
suit falls prima facie within this section and is not barred by S. 48 of the Punjab
Act.12 Also, Order 35, Rule 5 does not bar all interpleader suits as against the
landlord. It bars such a suit when a claim adverse to the landlord is put forward
by a person not claiming through the landlord himself i.e. when such an adverse
claim is put forward on a title independent of the landlord.13
Where in ejectment petition filed by both rival landlords against tenant, a Bank
on ground of non-payment of rent - Petitioner one of rival landlord claimed
himselftohavebecomeexclusiveownerofsuitpropertyundermutualpartition and
Bank was not a party to said compromise or settlement - Interpleader suit filed
by Bank for deciding title of suit property would be maintainable. Where in an
interpleader suit, theoriginalplaintiff, who was atenant was not claiming any
title to the property and the rival defendants were claiming title to the property
and in fact, the dispute was between the rival defendants and not between the
plaintiff and the defendants to the suit, the order holding that one set of
claimants to the property will act as a plaintiff and the other set of claimants as
defendanttothe suit andthe rightsof tenantwould be safeguarded by holding that
he would go on depositing the rent in the Court was proper.
Claimsmustbebonafideandadversetooneanother.
Theclaimsofthedefendantsmustbebonafideones,thoughtheyneednothave a
common origin. The Court must be satisfied that there isa real question to be
tried. A mere pretext of conflicting claims is not sufficient. Where there was no
claim or counter claim between the parties, the provisions of S. 88 would not
apply.14Thedefendants must also claimthemoneyorproperty adversely toone
anotherfromtheplaintiff.15Adecisiongivenontheclaimsoftheco-defendants in an
interpleader suit will operate as res-judicata between them. 16 It is,
however,notnecessarythattheplaintiffmustshowtheexistenceofanapparent title in
each of the defendants claiming the property in dispute. Nor is it

12
AIR1954Pun103(104)(DB).
13
(1979)2CalL7(15).
14
(1992)1PatUR365(372).
15
AIR1922Cal138(139)(DB).
16
AIR1928Oudh1:55(179).

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necessarythattheclaimsshouldbelegalclaimsorrights.Equitableclaimsand rights
can be entertained and given effect to.
Claimsmustbewithreferencetothesamesubject-matter.
The rival claims must be with reference to the same debt, sum of money, or
other property, but not necessarily to the same extent. It is thus not necessary
that each of the defendants should claim the whole of the subject-matter of the
suit. Similarly, it is not necessary that the plaintiff should admit the claim as
madebytherivalclaimantsinitsentirety.Hemayaskthemtointerpleadtothe extent he
admits liability.17 The "same debt, sum of money, or other property" would not,
it is conceived, include a claim for unliquidated damages, though it might
include a chose in action. Order 6, R. 17 applies to an interpleader suit and if it
appears from the pleadings that there is some further property besides the
subject-matter of the interpleader suit which is part of the estate but has
somehow been omitted from it, it can be brought within the suit by way of
amendment of the plaint. This section does not prevent such a procedure being
adopted.18
Plaintiffshouldclaimnointerestinthesubject-matter.
The plaintiff must be in an impartial position.19 If he has, in some way,
identified himself with one of the parties, in the sense that it will make a
difference to him which of the two succeeds, an interpleader suit will not lie. 20
Thus, a person who has taken an indemnity from one of the claimants, cannot
file a suit under this section, though he will not be refused relief, if he has
merelyanaturalaffinityforonesideratherthantheother.Arightoflien.e.g., for
wharfage, demurrage or freight, is not an interest in the property for the
purposes of this section.21
"Chargesorcosts",meaningof.
Thewords"chargesorcosts"includecostsofsuit,freight,warehouserent,dock rent,
wharfage, demurrage and other charges. A lien can be declared for such charges
in an interpleader suit, but the amount of those charges, if disputed, ought to
form the subject of a separate proceeding between the lien-holder and the
adjudicated claimant.22 (3)
Plaintiffmustbereadytopayordeliverthepropertytotherightfulowner. (Order 35,
Rule 2.).

17
AIR1966AndhPra92(95).
18
AIR1961ALL559(561).
19
T.L.VenkataramaAyiar,MullaonTheCodeofCivilProcedure(13thed.,Bombay:N.M.TripathiPrivate Limited,
1967).
20
AIR1952Mad564 (564).
21
(1894)18Bom231(234,235).
22
(1894)18Bom231(235).

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Additionofpartiesininterpleadersuit.(Order1,Rule 10.)

PROCEDUREATFIRST HEARING.
R.4.(1)AtthefirsthearingtheCourt may-
(a) declare that the plaintiff is discharged from all liability to the defendants in
respectofthethingclaimed,awardhimhiscosts,anddismisshimfromthesuit; or
(b) ifitthinksthatjusticeorconveniencesorequire,retainallpartiesuntilthe final
disposal of the suit.
(2) WheretheCourtfindsthattheadmissionsofthepartiesorotherevidence enable
it to do so, it may adjudicate the title to the thing claimed.
(3) WheretheadmissionsofthepartiesdonotenabletheCourtsoto
adjudicate, it may direct-
(a) thatanissueorissuesbetweenthepartiesbeframedandtried,and
(b) thatanyclaimantbemadeaplaintiffinlieuoforinadditiontotheoriginal plaintiff.
andshallproceedtotrythesuitintheordinary manner
Legislativechanges.
No change is made in R. 4 by the Amendment Act of 1976 or by Amendment
Actsof1999and2002.Sub-rule(3)hasbeenadoptedfromtheEnglishRulesof the
Supreme Court, and substituted for cl. (d) of the old S. 473. The change
expressly authorizes a Court to make one of the claimants a plaintiff in lieu of,
or in addition to, the original plaintiff.
Thequestionwhetherapartytoaninterpleaderissueshallbetreatedasplaintiff or
defendant must be decided by the real merits of the case and not by the mere
form of the issue itself. The Court may in its discretion add a party claiming to
be interested in an interpleader suit upon his own application.23
Firsthearing.
The expression "first hearing" in this rule means the date on which the Court
goes into the pleadings in order to understand the contentions of the parties.
Hence, the plaintiff in an interpleader suit is entitled to apply to the' Court, as
soonasthepleadingshavebeencompletedforbeingdischargedfromthesuit.24

23
(1886)13Cal90(93,94)(DB).
24
AIR1938Cal287 (290).

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Clause (a) of R.4 (1) of O.35provides forsubstantive relief of adeclaration by the
Court as to the discharge of the plaintiff from all liability to the defendants.
Suchadeclarationpreventsaloss.Itpreventsaliabilitybeingfasteneduponthe
plaintiff.25
It is only in cases where the amount is not in dispute and where plaintiff pays
into court the entire amount that the court may declare that the plaintiff is
discharged from all liability. Where the amount is in dispute, the Court may
declare that the plaintiff is discharged from liability only to the extent of the
amount admitted and leave parties to settle their disputes for the balance
otherwise or in other proceedings.26 In an interpleader suit which was not
properlyinstitutedorwhichwasinstitutedmala fideorwithulteriormotivethe
discretion of the Court in awarding costs as against the plaintiff is not in any
way taken away.
Where order was passed granting permission to open sealed cover in presence
ofadvocateofbothpartiesandopeningofpacketwasconsideredtobeessential in
interest of both the parties and defendant also reported no objection if Court
permitted the same, objection for opening of sealed cover by defendant at stage
of recording evidence on ground that Court had not adopted proper procedure
under O. 35, R. 4 cannot be allowed.27
Non-appearanceofclaimants.
Onthenon-appearanceofclaimantsinaproperlyinstitutedinterpleadersuitthe
proper course for the Court is laid down under sub-rule (1). It is competent to
the Court-
(1) todischargetheplaintiff fromallliabilitytotheclaimants-defendantsin
respect of the subject-matter in dispute and dismiss him from the suit,
(2) todirecttheplaintifftopaytheamountintocourttothecreditoftheproper claimant
after deducting his costs.
(3) todirecttheclaimants-defendantstoapplyforpaymentandwhenthey
appear make one of them a plaintiff and raise an issue, and
(4) torestrainbyinjunctioneitherdefendantinapropercasefromtakingany
proceeding against the plaintiff.28
Sub-rule.(3).
Thesub-ruleexpressly provides that oncethesuithasproceededontrialitshall
betriedlikeanyothersuitintheordinarymanner,thusattractingtheprovisions
25
(1977)79BomLR184(187,188).
26
AIR1966AndhPra92 (96).
27
AIR2004AP165 (167).
28
AIR1919Bom15(16).

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of O.1, R.10 and 0.6, R.17 of the Code. The Court can, therefore, allow
amendment ofplaintbyinclusionofcertain propertyinthesubject-matterofthe suit
and by addition of certain parties as defendants.29
An interpleader suit against a company in liquidation is a suit or proceeding
againstthecompanywithinS.446oftheCompaniesAct,1956andsuchasuit cannot be
filed or continuedwithout the leave of the Company Court inwhich liquidation
proceedings against the company are pending.
Appeal
An appeal lies from an order under this rule (0.43, R.1, cl.(p).) An order
dismissing the interpleader suit itself or an adjudication upon the claims of the
defendantsintheinterpleadersuitwill,however,beadecreeandappealableas such
under Section 96 of the Code. An order adding a defendant to an interpleader
suit on his application is one passed under O. 1, R. 10 and not under this rule
and, as such, is not appealable.30
Chargeforplaintiff'scosts.
R.6.WherethesuitisproperlyinstitutedtheCourtmayprovideforthecostsof the
original plaintiff by giving him a charge on the thing claimed or in some other
effectual way.
Scopeof therule.
This rule provides for the award of costs to the original plaintiff. Such costs
when awardedwillbe deducted from the fund onits beingbrought to Courtor
willbeafirstchargeuponthefundorsubject-matter.31Thusinaninterpleader suit
which is not properly instituted or which was instituted mala fide or with
ulterior motive the discretion of the Courtin awarding costs as against the
plaintiff is not in any way taken away.
Buttheplaintiffwillnotbeentitledtocostswhichhavebeenunnecessarily incurred.
Appeal.Anappealliesfromanorderunderthis rule.

29
AIR1978Pat151(152)(DB).
30
AIR1958Ker304.
31
(1893)18Born231(236).

15
 CONCLUSION

An interpleader suit is a proceeding by which a person from whom some

persons are claiming same property, debt or money and who does not himself
claim such property debt or money and neither dispute such debt, such person
can file a suit claiming that he is ready to pay or deliver the said property or
money to rightful claimant and can protect himself from legal proceedings by
calling upon such claimants to interplead, that is to say claim against one and
other so that title to the property or the debt may be decided. Meaning thereby,
an 'interpleader suit' is a suit in which the real dispute is not between the
plaintiffsanddefendantsbutbetweenthedefendantsonlyandtheplaintiffisnot really
interested in the subject-matter of the suit. A suit under this section is called an
interpleader suit because the plaintiff is really not interested in the matter, but
only the defendants interplead as to their claims. In fact each of the defendants
so interpleading is virtually in the position of a plaintiff and his claim will be
governed by the rules of the Limitation Act. A reading of S. 88, CPC, would
clearly show that the court does not have jurisdiction to travel beyond what has
been admitted by the plaintiff as due from him/her or it.
TheCourtcannotdirectanyfurtherpaymentorinvestigateintoanyquestion relating to
the transaction alleged between the parties.
Theclaimsofthedefendantsmustbebonafideones,thoughtheyneednothave a
common origin. The Court must be satisfied that there is a real question to be
tried. A mere pretext of conflicting claims is not sufficient. Where there was no
claim or counter claim between the parties, the provisions of S. 88 would not
apply. The defendants must also claim the money or property adversely to one
another from the plaintiff. A decision given on the claims of the co-defendants
in an interpleader suit will operate as res-judicata between them. It is, however,
not necessary that the plaintiff must show the existence of an apparent title in
each of the defendants claiming the property in dispute. Nor is it necessary that
the claims should be legal claims or rights. Equitable claims and rights can be
entertained and given effect to.

16
 BIBLIOGRAPHY

BOOKSREFERRED:
* D.V.Chitaly,AIRCommentaries:TheCodeofCivilProcedure(Nagpur:All
India Reporter Limited, 1972).
M.S.Mehta,ACommentaryonTheCodeofCivilProcedure(Allahabad:
Wadhwa and Company, 1990).
* C.K.Takwani,CivilProcedure(314ed.,Lucknow:EasternBookCompany,
1996)
* P.M.Bakshi,SupplementtoMulla'sCodeofCivilProcedure(14'ed.,
Bombay: N.M. Tripati Private Limited, 1992).
T.L.VenkataramaAyiar,MullaonTheCodeofCivilProcedure(13thed., Bombay:
N.M. Tripathi Private Limited, 1967).

WEBSITESREFERRED:
* www.vakilno1.com/bareacts/civilprocedure/s
* indiankanoon.org/search
* www.legalserviceindia.com/article/

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