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Report No. 54

Chapter 35

Inter-Pleader Suits


35.1. Where the plaintiff has no claim as such against a particular defendant but is interested only for his debt, he can file an inter-pleader suit, under Order 35.

The Order on interpleader is derived from an Act1 of 1841, which itself was based on an English Statute2. The Order provides for various matters such as when inter-pleader suit may be instituted; when the thing claimed must be paid into Court; the procedure at the first hearing, when agents and tenants can compel their principals or landlords to interplead; how the plaintiff's costs may be secured; and so on.

No changes are needed in this Order.

1. Act 8 of 1841.

2. 2 and William 4, C. 58.

The Code of Civil Procedure, 1908 Back

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