‘A’ deposits a box of jewels with `B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained from him by ‘A ‘and claims the jewels from ‘B’. Can ‘B’ institute an interpleader suit against ‘A and ‘C’ in this respect?

Question: ‘A’ deposits a box of jewels with 'B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained from him by ‘A ‘and claims the jewels from ‘B’. Can ‘B’ institute an interpleader suit against ‘A and ‘C’ in this respect? [WB C.J. 1990 & HP J.S. 2005]

Find the answer only on Legal Bites. [‘A’ deposits a box of jewels with 'B’ as his agent. ‘C’ alleges that the jewels were wrongfully obtained from him by ‘A ‘and claims the jewels from ‘B’. Can ‘B’ institute an interpleader suit against ‘A and ‘C’ in this respect?]

Answer

Rule 5 Order XXXV of Code of Civil Procedure 1908 lays down provision for where agents and tenants may not institute interpleader suits against their principal or landlord respectively. Rule 5 runs as follows:

“Nothing in this Order shall be deemed to enable agents 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.”

The facts of the present case have been borrowed from the illustration (a) appended to this rule. In this case, A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained from him by A, and claims them from B. B cannot institute an interpleader suit against A and C by virtue of rule 5 of Order XXXV.

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