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What are the Essential Feature of an Interpleader Suit in India?

January 18, 2019 0 Comment

In every impleader suit the plaint shall in addition to other statements necessary for plaints, state—

(i) That the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs;

(ii) The claims made by the defendants severally; and

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(iii) That there is no collusion between the plaintiff and any of the defendants.

Where the thing claimed is capable of being paid into court or placed in the custody of the court, the plaintiff may be required to so pay or place it before he can be entitled to any order in the suit.

At the first hearing of the suit the court may declare the plaintiff discharged from all liability to the defendants in respect of the thing claimed, award him his costs and dismiss him from the suit, or retain all parties until the final disposal of the suit if it thinks that justice or convenience so requires.

Nothing in O. 35 shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords. [O. 35. R. 5].

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