What is the procedure taken at the first hearing of the suit?

Question: What is the procedure taken at the first hearing of the suit?

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Answer

Section 88 of the Code of Civil Procedure, 1908 governs interpleader suits and Order XXXV lays down the procedure to be followed in case of interpleader suits.

Rule 4 Order XXXV of the Code of Civil Procedure 1908 lays down the “Procedure at first hearing”

(1) At the first hearing the Court may-

1. 1. 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
   2. if it thinks that justice or convenience so require, retain all parties until the final disposal of the 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.

1. 1. Where the admissions of the parties do not enable the Court so to adjudicate, it may direct-
   2. that an issue or issues between the parties be framed and tried, and that any claimant is made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in an ordinary manner.

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