What additional facts are necessary to be stated in the plaint of an Interpleader suit?

Question: What additional facts are necessary to be stated in the plaint of an Interpleader suit?

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Answer

To interplead means “to litigate with each other to settle a point concerning a third party”.

In Halsbury’s Laws of England, interpleader suits have been defined as follows,

“Where a person is under liability in respect of a debt or in respect of money, goods, or chattel and he is or expects to be, sued for or in respect of that debt or money, or those goods or chattels, by two or more persons making adverse claims thereto, he may apply to the court for relief by way of interpleader.”

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.

In every interpleader suit, there must be some debt or sum of money or other property in dispute between the defendants only. The plaintiff must be a person who claims no interest in such debt, the sum of money, or other property in dispute between defendants other than for charges or costs and who is ready to pay or deliver it to such of the defendants as may be declared by the Court to be entitled to it.

Rule 1 Order XXXV of Code of Civil Procedure 1908 “Plaint in interpleader-suit”

In every suit of interpleader, the plaint shall, in addition to the other statements necessary for plaints, state-

• that the plaintiff claims no interest in the subject matter in dispute other than for charges or costs;
• the claims made by the defendants severally; and
• that there is no collusion between the plaintiff and any of the defendants.

In ‘Hari Karmarkar v. J. A. Robin’. 4 Rang 465, it has been held that if the plaintiff in the inter-pleader suit was found to have any interest in the subject matter of the suit or that if he was found to have colluded with one of the claimants, then the right to file an inter-pleader suit could not be availed of by him.

In an interpleader suit plaintiff’s position must be one of impartiality and nonarbitrariness. For this purpose, it becomes imperative for the plaintiff to mention in his interpleader suit that has no interest in the subject matter of the suit or is acting in collusion with one of the claimants.

Moreover, an interpleader suit cannot be filed if any suit is pending in which the rights of all the parties concerned can properly be decided.

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