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INTERPLEADER SUITS

March 20, 2021

An interpleader suit is a suit in which the real dispute is between the defendants only and the defendants interplead (plead against each other) instead of pleading against the plaintiff in an ordinary suit.

Example - P in possession of jewel box which is not his and wants to hand over to real owner- A and B both claim - P may file an interpleader suit and A&B and let court decide real owner.

Sec 88 provides that 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, and who is ready to pay or deliver it to the rightful owner, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery is to be made and of obtaining an indemnity for himself.

An interpleader suit CANNOT, however, be filed if any suit is pending in the which the rights of all the parties concerned can be properly decided.

Author:
Dr. Ram Niwas Sharma, Associate Professor, Unitedworld School of Law (UWSL)

Disclaimer: The opinions / views expressed in this article are solely of the author in his / her individual capacity. They do not purport to reflect the opinions and/or views of the College and/or University or its members.

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