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Section 88 and Order XXXV of CPC: Interpleader Suits. Section 88 and Order XXXV of the Code of Civil Procedure, 1908 encompass the provisions governing Interpleader suits. ... The proviso to Section 88 further stipulates that no interpleader suit shall be instituted when there is an ongoing lawsuit in which the interests of both parties can be ...

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.

“Interpleader suits” refer to a specific type of lawsuit that allows a third party to resolve a dispute between two or more claimants who are making competing claims to the same property or funds. Nature of Interpleader Suits Filing an Interpleader Suit Court Proceedings The purpose of interpleader suits is to protect the stakeholder from […]

Interpleader Suits – Section 88 read with Order XXXV of CPC; Suits by indigent persons & interpleader suits; Interpleader Suits; Interpleader Suits – Section 88 read with Order XXXV of the Code of Civil Procedure, 1908: Analysis; Legal Provisions of Section 88 of Code of Civil Procedure 1908, (C.P.C.), India

Chafee Z, ‘Modernizing Interpleader’ (1921) 30 The Yale Law Journal 822. Chafee Z, ‘The Federal Interpleader Act Of 1936: I’, (1936) 45 The Yale Law Journal 963. Jaiswal N, ‘Interpleader Suit – Section 88 and Order XXXV of CPC’, (2018) 2 Jus Imperator 1. Code of Civil Procedure 1908, Rule 1 Order XXXV.

Learn about Interpleader Suit in detail. This article defines the concept of an interpleader suit, explains its legal significance, and outlines the conditions and procedures under the Civil Procedure Code (CPC). Perfect for law students, advocates, and anyone seeking to understand the intricacies of interpleader suits and their role in resolving disputes involving multiple claimants.

A lawsuit that would allow the competing claimant’s rights to be fairly decided cannot be pending. Procedure to File an Interpleader Suit in CPC. Order 35 Rule 1 to 4 establishes the interpleader suit process. According to Rule 1, the plaint in any interpleader action must include the following information in addition to other requirements:

An interpleader suit is a legal remedy that allows a neutral party, holding property or money claimed by multiple parties, to seek the court's assistance in determining the rightful claimant. ... By adhering to the provisions of Section 88 and Order XXXV of the CPC, courts can effectively adjudicate such matters, providing clarity and justice ...

An Interpleader Suit, under the Code of Civil Procedure (CPC), is filed when two or more parties claim the same property or money from a third party who holds it but has no personal interest. In this Short Note On Interpleader Suit, we explain how the suit allows the holder to seek court intervention to decide rightful ownership, preventing multiple liabilities.

Content:- • Meaning of Interpleader Suit • Conditions for Instituting Interpleader Suit • Examples of Interpleader Suit • Procedure for Interpleader Suit Meaning of Interpleader Suit in CPC"To interplead" denotes the act of engaging in legal proceedings with each other to resolve an issue pertaining to a third party. In Halsbury's Laws of England, it is elucidated as follows: "When an ...

INTRODUCTION An interpleader suit is a legal action brought by a person or corporation that has property, finances, or assets claimed by two or more opposing parties. ... may file an interpleader suit in CPC. Introduction: Section 88 of the Civil Procedure Code (CPC) provides for the filing of an interpleader suit when two or more parties ...

In the case of Asaan Ali v.Sarada Charan Kastagir AIR 1922 Cal 138 the Calcutta High Court held that for a suit to be an interpleader suit, the applicant should be willing to hand over the property to the claimant and should not have any interest in it but if the applicant has an interest in the suit then such suit shall be dismissed on the discovery of the fact that the plaintiff has an ...

Plaint in interpleader-suit.— ... The Code of Civil Procedure, 1908 (CPC) covers a wide range of civil suits. It provides the procedural framework for resolving various civil disputes and claims. ... Plaint under CPC A plaint is a document filed by the plaintiff (the party initiating the lawsuit) to commence a civil case. Essential Elements ...

A files an interpleader suit under section 88 of the CPC. Adverse Claims: Both B and C claim the same sum of money. ... Certain relationships, such as those between an agent and a principal or a tenant and a landlord, are barred from using interpleader lawsuits to force their counterparts to interplead with third parties, according to the rules ...

An interpleader suit under CPC serves as a legal remedy for a person holding property or money claimed by multiple parties. It helps in protecting the holder from conflicting claims and potential double liability. The court's decision in an interpleader suit conclusively determines the rightful claimant and provides a fair resolution to the ...

Interpleader Suit – CPC. In an interpleader suit, the actual dispute isn’t between the plaintiff and the defendant but between the defendant who interpleads against each other. It is unlike an ordinary suit. ‘To interplead‘ means to litigate with each other to settle a point concerning a third party.

It means that if an interpleader suit is instituted, the interpleader suit shall be dismissed. The significance of the proviso to Section 88 lies in its ability to prevent the application of Section 10 of the Civil Procedure Code (CPC). Without this proviso, a subsequent interpleader suit would be barred by Section 10, which prevents multiple ...

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.

Under federal law, there are two forms of interpleader: rule interpleader, under Federal Rule of Civil Procedure 22; and statutory interpleader, under 28 U.S.C. § 1335. Both serve the same function of joining two or more adverse claimants to a single proceeding in order to promote efficiency and protect the stakeholder from multiple lawsuits.