Ans:
Introduction
By an interpleader suit is meant suit in which the real dispute is
between the defendants only and the plaintiff is not interested in the subject
matter of the suit. The plaintiff brings a suit in which he states that he has
certain property which is claimed by the defendants adversely to each other.
The plaintiff in a cause, seeks the direction of the court as to
Whom out of the defendants, he should deliver the property.
Ingredients of interpleader suit
(1)
There
must he some debt:
(2)
or a
sum of money:
(3)
or
other property in dispute;
(4)
between
the defendants only;
(5)
and
the plaintiff must be a person,
(6)
who
claims no interest therein;
(7)
other
than for charges;
(8)
or
costs:
(9)
and
who is ready to pay;
(10)
or
deliver it to such of the defendants:
(11)
as
may be declared by the court to be entitled to it.
Explanation
Section 88 of the Civil Procedure Code explains that an
interpleader suit is that where two or more persons claim adversely to one Or
other the same debt, a sum of money or other property from another person, who
claims no interest in the said assets or property.
For example
"A" dies leaving behind one crore rupees cash in bank
account. He had two wives and their children. Both claim to recover the said
amount. In order to have genuine claimant, owner, the banker shall file a suit
before the court and will get the order about the real owners.
Effects of suit
A decision given on the claim of the co-defendants in an
interpleader suit will operate as res-judicata between them.
Res judicata
As the decision of the court relating to the matters or claims of
the defendants. will operate as res-judicata between the parties For obtaining
complete immunity, they should implead all those persons v1/4ho have o en the
slightest adverse interest to the subject matter or the suits as relevant
parties to the interpleader suit. [his is because. the court can only grant
indemnity against the claims made by the person who were the relevant parties
to the interpleader suit hut not against those claims filed by the strangers to
such proceedings.
It is not ordinarily necessary that each and every defendant should
be interested in the entire subject matter of the suit.
Interpleader suit--when barred
The proviso to this section lays down that where any suit is
pending wherein the rights of all parties can properly he decided. no such suit
of interpleader should ever he instituted.
In other words, an interpleader suit will be barred where a suit in
which the rights of all parties concerned can properly be decided. is already
pending.
Moreover, when the plaintiff has taken an indemnity from one of the
defendants. he cannot file an interpleader suit.
Liability of the plaintiff
Where, in
pursuance of order of the court passed under 4 or Order 35, the plaintiff has
paid the amount so ordered into the court or to the person declared by the
court to be rightful claimant. He will stand discharged From his obligation.
This will also indemnify him against all claims that any other party to the suit
may bring before the court in this behalf.
Conclusion
In an
imerpleader suit, the contest is actually between the defendants. The plaintiff
cannot claim any interest in the subject matter of such suit. He must admit his
liability which should be unconditional, except for his claim for the charges
and the costs as admissible to him under the law.
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