Draft of interpleader suits

Table of contents

1. What are interpleader suits (Order. 35, Rule 1)? 2. Example 3. Contents of plaint in interpleader suits 4. Specimen plaint in an interpleader suit

What are interpleader suits (Order. 35, Rule 1)?

An interpleader suit is a suit in which the actual dispute is between the Defendants only, and not between the Plaintiff and the defendants. Such a suit goes by this name, because the defendants interplead, that is to say, they plead against one another, instead of pleading against the plaintiff, as in an ordinary suit.

In every interpleader suit, there must be some debt or other property in dispute between the defendants only, and the plaintiff must be a person who has no interest in it other than for charges or expenses and is willing to pay or give it to any of the defendants who the court determines are entitled to it.

Example

X may be in possession of certain property, which is claimed by both A and B. X claims no interest in such property, and is prepared to deliver it either to A or B as may be declared by the court to be the rightful owner of such property. He may, therefore, institute an interpleader suit against A and B as defendants. In such a case, as a rule, Xs name will be struck out from the suit at the first hearing and his costs may be provided for, and A and B will be left to interplead, i.e., fight out the matter between themselves, as if one of them was the plaintiff and other was the defendant. However, before doing so, the court would call upon X to deposit the property in dispute in court.

Contents of plaint in interpleader suits:

The plaint, in addition to the other necessary statements must state -

1. That the plaintiff claims no interest in the subject-matter other than for the costs and charges;
2. The claims made by reg defendants severally, and
3. There is no association between the plaintiff and any defendants.

Specimen plaint in an interpleader suit

Bank of India, Mumbai, the above-named plaintiff, states as follows:

Before the date of the claims here in after mentioned, G deposited with the plaintiff, Government securities of the face value of Rs. 60,000 for safe custody.

1. The defendant C claims the same under an alleged deed of assignment executed by G.
2. The defendant D also claims the same under an alleged deed of assignment executed by G.
3. The plaintiff is unaware of the defendants' respective rights.
4. The plaintiff has no claim upon the said securities other than for charges and is ready and willing to deliver them to such persons as the court shall direct.
5. The cause of the action arose on the 10th February, 2022, within the jurisdiction of this court, when the said defendants claimed the same securities adversely to one another.
6. The value of the subject-matter of the suit for the purpose of jurisdiction and the court-fees in Rs. 60,000.
7. The plaintiff claims:
   1. An injunction is requested to prevent the defendants from pursuing legal action against the plaintiff over the securities.
   2. They must interplead jointly about their rights to the securities.
   3. That some person be authorised to receive the said securities pending such litigation;
   4. That upon delivering the same to such persons, the plaintiff be discharges from all liability to either of the defendants in relation thereto; and
   5. That the plaintiff may be awarded all costs of, and incidental to this suit.