interpleader a prt of cpc

SEc 88 of cpc and order 35

ORDER XXXV
INTERPLEADER
Plaintin 1. In every suit of interpleader the plaint shall, in addition to the o
ther
interpleader' " c fi I . suit. statements necessary or p amts, state(a) t4atthe plaintiff claims no interest in the subject-matter is dispute
other than for charges or costs;
(b) the claims made by t~e defendants severally; and
. (c) that there is no colussion between the plaintiff and any of the
defendants.
J;:Yie.nt oJ 2. Wherethething claimed is capable ofbeing paid into Court or plac
ed t i!t~C~~~.in the custody ofthe Court, the plaintiff may be requir~d to so pa
yor place
it before he cl:!nbe entitled to any order in the suit.
hPrc;t~iure 3.' Where any ofthe defendants in an iterpleader-suit is actu~lly sui
ng d~~is srii:~ the plaintiff in respect ofthe subject-matter ofsuch suit, the C
ourt in which
plaintiff.the- suit against the 'plaintiff is pending shall, on being informed b
y the
Court in which the interPleader-suit has been instituted, stay the proceedings
as agamsfhim ; and his costs in the suit so stayed may be proVidedfor in
such suit; but if, and in so far as, they are not provided for in that suit, the
y
may be added to his costs incurred in the interpleader-suit..
'. .
1 S~b!!.))yAct ZI.of 1929,s. 7, for the original rule 15.
2 RriJ.;15rlnu#~r~ a'i;sub-rule (1) ofthat rule by Act 104 of 1976,s. 82(v).
3 IDserted, ibid: 'r. '"
1908 :Act V] c.ode of Civil Procedure, 1908
(The First Schedule, Order XXXV-Interpleader Order XXXVI-Special
case.)
4. (1) At the first hearing the Court may(a) declare that the plaintiff is discharged from all liability to the
defendants in respect of the thing claimed, award him his costs, and
dismiss him from the suit; or .
(b) if it thinksthat justice or convenience so retain all parties untile
the final disposal ofthe'suit.
(2) Where the Court finds that the admissions of the' parties or other
evidence enable it to do so, it may adjudicate the title to the thing claimed.
(3) Where the admissions of the parties do not enable the Court so to
adjudicate, it may direct-: . (a) that an issue or issue between the parties be
framed and tried,
and
(b) that any claimant be made a plaintiff in lieu of or in addition to the
original plaintiff,
and shall proceed to try the suit in the ordinary manner.
5. Nothing in this Order shall be deemed to enable agent to sue their
principals, or tenants to sue their landlords, for the purpose of compelling
them to interplead with any persons other than persons making claim
through such principals or landlords.
Illustrations
(a) A deposits a box of jewels with B as his agent, C alleges that the
jewels were wrongfully obtained from him by A, andclaims them fromB. B
cannot institute an interpleader-suit against A and C.
(b) A deposits a box ofjewels with B as his agent. He then writes to C for
the purpose ofmaking the jewels a ~ecurity for a'debt due from himselfto C.A
afterwards alleges that C's debt is satisfied, a~dC alleges the contrary. Both

claim the jewels fromB. B mayinstitpte an interpleader suit against A and C.

6. Where the suit is properly instituted the Court m~y provide for the
costs ofthe origina], plaintiff by giving him a charge Onthe1thing claimed or
in some other e:fectualwaY: . ,
357
Procedure at
first hearing,
Agents and
tenants may
not institute
interpleadersuits.
Charge or
plaintiffs
costs.