The terms of inter-pleader litigation are covered under Order 35, s. 88 of
the CPC 1908. Ordinary actions brought before the Honble court usually involve
two parties: the plaintiff and the defendant. However, the interpleader suit
differs from typical suits in which two defendants fight for a claim to a
specific property, debt, or chattel. Typically, the plaintiff in such claims has
no real interest in the subject matter of the suit and just wants to ensure that
the property in dispute is returned to the rightful owner.
Meaning of Interpleader Suit:
According to Halsbury's laws of England, "Where a person is under liability in
respect of a debt or in respect of any money, goods or chattels, and he is or
expects to be sued for or in respect of the debt or money or those goods or
chattels, by two or more persons making adverse claims thereto, he may apply to
the court for relief by way of interpleader."
Object of Interpleader Suit:
The primary goal of initiating an interpleader suit is to have opposing
defendants; assertions adjudicated. It is a procedure in which the plaintiff
summons the opposing claimants to appear in court and have their claims heard.
This section talks about the essentials or conditions to file an interpleader
suit. The below mentioned essentials must be met in order to file an
interpleader suit: Firstly, there has to be some liability, amount of the money,
or other movable or immovable property in conflict; Secondly, two or more
individuals must be trying to claim it detrimentally to one another; Thirdly,
the plaintiff doesn't really claim any interest in it except the expenses or
cost, and is willing to pay or give it to the right claimant; Fourthly, there
shouldn't be any ongoing suit wherein the rival claimant's right can be
Procedure laid down by order 35 of CPC: Order 35 of the CPC establishes the
following procedure: Order 35 established the following conditions that must be
met by the plaintiff seeking to launch an interpleader suit:
Firstly, the plaintiff must state that, except on the charges or expenses, he
has no interest in the matter which is in dispute;
Secondly, the assertion made by the defendants individually; and thirdly, there
shouldn't be any collaboration between the plaintiff and any of the defendants.
If any of the defendants files a suit against the Plaintiff while the
interpleader suit is pending, the suit will be stayed under s. 10 of the CPC
which talks about Res Sub-judice.
In Mangal Bhikaji Nagpase v. State of Maharashtra in the year of 1997,
According to the Bombay High Court, the plaintiff must declare that he has zero
interest on the issue other than expenses and charges.
In Asaan Ali v. Sarada Charan Kastagir, the Calcutta HC held that for a
suit to be an interpleader suit, the applicant must be ready to give over the
property to the claimant and have no financial interest in it; nevertheless, if
the applicant has a financial interest in the litigation, the suit will be
dismissed once the plaintiff's financial interest in the subject matter is
Unless the equity or efficiency of the case demands the presence of the
plaintiff, the court may rule that the plaintiff is absolved from all legal
responsibilities, give him his costs, and discharge him from the claim at the
first hearing itself.
X is in possession of the property claimed by Y and Z adversely. X does not
claim any interest in the property and is ready to deliver it to the rightful
owner he can file an interpleader suit.
Finally, in light of the foregoing, it is obvious that an interpleader suit is
genuinely between the defendants. Except for the charges and fees that are
acceptable to him under the law, the plaintiff has no interest in the subject
matter of the litigation.
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