Open Access Research Article
CIVIL PROCEDURE CODE AND LIMITATION ACT PLAINT IN INTERPLEADER SUIT (By-Vartika Rawat)
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Article Details
CIVIL PROCEDURE CODE AND LIMITATION ACT
PLAINT
IN INTERPLEADER SUIT
Authored By: Vartika Rawat
1.
Abstract
The
topic interpleader suit is different in itself. The present paper will explain
the topic plaint in an interpleader suit, it firstly explain what is plaint and
what is an inter pleader suit then it will cover the conditions for an
interpleader suit that what are the conditions to apply. Then finally coming to
the procedure, one sample of such plaint is also there to have a clear
understanding of the cases. The focus will shift towards who can file and who
cannot file these suit then conclusion
of the paper on personal understanding .
2.
Introduction
1.
Plaint in interpleader-suit.-In every suit of interpleader the plaint shall, in
addition to the other statements necessary for plaints, state
(a)
that the plaintiff claims no interest in the subject-matter in dispute other
than for charges or costs;
(b)
the claims made by the defendants severally; and (c) that there is no collusion
between the plaintiff and any of the defendants.[1]
There
are various types of suits like representative suit, suit by or against minor,
interpleader suit is also one if its kind in normal situation there is dispute
between plaintiff and defendant but in interpleader suit there is no dispute
between plaintiff and defendant the dispute is between two defendant there
cannot be only one defendant. The plaintiff does not have any interest in
particular movable and immovable property. And he should be ready to transfer
the possession.
“[2]The Hon’ble Bombay High Court held in Mangal
Bhikaji Nagpase vs State of Maharashtra[3] that
the plaintiff must affirm in support of Rule 1 that he has no interest in the
EX Like if one person has lost his
pencil in the call and one of the student find it but there will be four
students claiming for that pencil so the defendant who has found the pencil
will handover it to teacher and the rest four who were claiming for it will be
defendant so there will be no personal interest of plaintiff and the defendant
will always be more than one in such interpleader suit.
2.2
WHAT IS PLAINT
Plaint
defined in order VII that what are content of plaint, how it reject and accept
there is no proper definition of plaint in Code of civil procedure. It is legal
document which contains legal content which is necessary for a legal suit as
any rights may be violated, its the first step for commencement of any suit.
Contents of plaint including name of court, about the plaintiff, same as of
defendant, if any of them is a minor or unsound mind, facts of cause of action
and the jurisdiction of the court.
2.3WHAT
IS INTERPLEADER SUIT
Interpleader suit when plaintiff file
complaint for knowing actually owner of the property. Plaintiff has no personal
interest over the property but the claimant of the property means the defendant
will be more than one. Plaintiff claim that he don't have the personal interest
and he want to handover the property to actual owner of the property and the
possession of the property will be with the plaintiff then he will file the
interpleader suit Example if the plaintiff finds the bag full of money and the
claimant of the bag who are defendant will be more than one Court will decide
whome the property belongs to.
3.
Conditions For Intituting An Interpleader Suit
There
are certain conditions to file an interpleader suit
1.
There will be more than one defendants as the party in such suits.
2.
There will be property either movable or immovable,money debt in the following
dispute
3.
If the judgement us given under res judicata then the suit shall not files
twice
4.
Suits shall not be pending under this
5.
There should not be a valid interest of the person who have to pay the debt in
this interpleader suit
5.
The property will be claimed by both the defendant
6.
There should be willing of claimant to pay certain amount to the defendant in these
suits[5]
The
plaintiff will be free from all the liabilities since he handover the property
to court for the possession. The plaintiff will deliver all liabilities and
cuts all the ties from the property just leaving one this which are the damages
because of the property. The plaintiff can only demand the charges what he pays
for taking care of the property of defendant what he pays for its servicing or
saving it other than this there will not be any personal interest over the
property.
4.
Plaint In Interpleader Suit And Proceedings
The
plaintiff should have no interest over the property of interpleader suit other
than charges and damages faced by him while serving the property
Claim
for the property should not be done by only one defendant
There
should not be any collusion between defendant and plaintiff otherwise there
will not be any interpleader suit
After
the suit file in the court the court will instruct the plaintiff to deposit the
property or asset or anything he have to the custody of the court only after
that he will be entitled to any order of the suit
After
the start of hearing of suit the plaintiff will be discharged of all the
liability related to possession of the property as they will be submitted to
court only and he will not be liable to anything as he dont have any personal
interest over the defendant property and he wants to handover it to them. Then
it's upto court discretion that they may remove the plaintiff from the suit or
if the court want he will attend the proceedings otherwise the final dismissal.
On
the basis of evidence the suit will be decided and the court will decide the
suit will run in ordinary way or not.[6]
4.1
WHO CAN FILE AN INTERPLEADER SUIT
The plaintiff can file the interpleader suit
in whose possession the property is and he should be ready to give the
possession of the property and the property should be in condition to transfer.
The plaintiff who is the person in possession should not have any personal
interest over the property and has the motive to transfer the property to its
original owner. The defendant will claim the property belongs to him and he is
the original owner but the plaintiff will be out of interest of the property.
In
National Insurance Co. Ltd. vs. Dhirendranath Banerjee And Anr (1937)[7],
it was determined that a person may file an interpleader suit if he or she has
no interest in any debt, sum of money, or property other than the fees or costs
and is willing to pay or deliver the property to the rightful claimant.
4.2WHO
CANNOT FILE AN INTERPLEADER SUIT
4.2.1Agents
cannot file and interpleader suit against their principal
Tenant
cannot file the interpleader suit against their landlords these are some
exception of people who cannot file an interpleader suit. [8]
Defendant
cannot file the interpleader suit as they are free from all the liabilities
they just have to claim the property belongs to them or not as the suit is file
be the plaintiff only so they need to prove that the property or asset is his
and the possession should be transfer to him as he is the original owner of the
property. The who claims for the ownership of the property will be the
defendant and he cannot file the suit.
Neeraj
Sharma v. The District Sangpur Khadi Gram, the Punjab and Haryana
High Court held that a "interpleader suit by a tenant is maintainable if
the other party claiming a right over the disputed property is doing so through
the original landlord, but such suits are not maintainable if the party
independently claims ownership over the property and rent from
the
tenant."[9]
•
Res Judicata
Res
Judicata specified in Section 11 of the Civil Procedure Court. Res
Judicata refers to a case in which the court has already rendered a verdict. If
a lawsuit is brought under Res Judicata, the same subject matter cannot be
litigated again in any other court of law or on any other legal theory. If, by
mistake, a case that has already been filed under Res Judicata is submitted in
another court of law, the judge may reject the petition without further
proceedings.
•
Reinstatement of interpleader suit
Sections
88 and 90 of the Code of Civil Procedure 1908 describe the circumstances in
which an interpleader action may be reinstituted and the court's power
to explain the case for its opinion. When defendants accuse each other for the
claim of the same property, debt, or amount of money from a plaintiff who is
not in direct possession of the property or debt, does not claim interest, and
is willing to transfer the property. Res Judicata prevents a court from hearing
a case that has already been filed.
•
The purpose of bringing an interpleader suit.
When
the object is to be claimed by the defendants, the lawsuit is filed. The
lawsuit adjudicated. The suit is filed when any person in any cause of death
has left some property without transferring it to other family members. The
other family member must claim the property or money from the bank, and then
the bank must become the claimant and file a lawsuit in court to determine to
whom the property must be transferred.
5.
Sample Plaint In Interpleader Suit
6.
Conclusion
The
plaint in interpleader suit are the suits where the original collusion is not
between the plaintiff and defendant in fact the plaintiff is the party who has
no interest over the property involved in the suit. There will be more than one
defendant for the property and all of them will be claim for the ownership of
that property, they will give the evidence for that and the court will decide
that whom the property belongs to. The plaintiff will be free from all the
liabilities after he handover the property to the court.
The
plaint will be filed by the defendant and there will always be more than one
defendant for the suit there is also one main condition that plaintiff should
not have any personal interest over the property. There are some exceptions also which shows
against whom the suit cannot be filed and what are the conditions to file an
interpleader suit which are mentioned above. In case of Neeraj Sharma v. The
District Sangpur Khadi Gram, the Punjab and Haryana High Court held that a
"interpleader suit by a tenant is maintainable if the other party claiming
a right over the disputed property is doing so through the original landlord,
but such suits are not maintainable if the party independently claims ownership
over the property and rent from the tenant.
7.
Biblography
1.
INTERPLEADER
SUITS | LAWYERS UPDATE
Interpleader
Suits | Lawyers Update, Lawyers Update | Magazine for Law Students and
Professionals (2017),
https://www.lawyersupdate.co.in/legal-articles/interpleader-suits/ (last
visited Sep 15, 2022).
2.
NETWORK,
L.
Interpleader
Suits – Guidelines and Landmark Judgements - Law Insider India
: LI Network, Interpleader Suits – Guidelines and Landmark Judgements -
Law Insider India Law Insider India (2022),
https://www.lawinsider.in/columns/interpleader-suits-guidelines-and-landmark-judgements
(last visited Sep 15, 2022).
3.
SINGH,
S.
What
is Interpleader Suit? - iPleaders
: Shruti Singh, What is Interpleader Suit? - iPleaders iPleaders (2022),
https://blog.ipleaders.in/what-is-interpleader-suit/#Who_cannot_file_an_interpleader_suit
(last visited Sep 15, 2022).
4.
WHAT
IS INTERPLEADER SUIT, ITS CONDITIONS AND PROCEDURE
: What Is Interpleader Suit, Its Conditions and Procedure, WritingLaw (2019),
https://www.writinglaw.com/what-is-interpleader-suit-cpc/ (last visited Sep 15,
2022).
5.
CORNER, L.
Interpleader Suit Under Code of Civil
Procedure
Footnote: Law Corner,
Interpleader Suit Under Code of Civil Procedure Law Corner (2020),
https://lawcorner.in/interpleader-suit-under-code-of-civil-procedure/ (last
visited Sep 15, 2022).
6.
INTERPLEADER
SUIT | CPC FREE NOTES - PROLAWCTOR
: Interpleader Suit | CPC Free Notes - Prolawctor, Prolawctor (2020),
https://prolawctor.com/interpleader-suit-under-cpc-cpc-free-notes/#Plaint_in_an_interpleader_suit
(last visited Sep 15, 2022).
7.
INTERPLEADER
SUITS | LAWYERS UPDATE
Interpleader
Suits | Lawyers Update, Lawyers Update | Magazine for Law Students and
Professionals (2017),
https://www.lawyersupdate.co.in/legal-articles/interpleader-suits/ (last
visited Sep 15, 2022).
8.
LEMARO,
I.
Interpleader:
Meaning, proceedings and everything you need to know
Iscak
lemaro, Interpleader: Meaning, proceedings and everything you need to know
Sheria na Jamii (2022),
https://sherianajamii.com/2020/04/interpleader.html#Plaint_in_Interpleader_Suits_and_Proceedings
(last visited Sep 15, 2022).
Article Information
CIVIL PROCEDURE CODE AND LIMITATION ACT PLAINT IN INTERPLEADER SUIT (By-Vartika Rawat)
Authors: Vartika Rawat
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/09/26
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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