When you try to draft of an interpleader suit, you should first know what is an Interpleader suit. This post will guide you how to draft an interpleader suit. An ‘interpleader suit’ is a suit in which the real dispute is not between the plaintiffs and defendants but between the defendants only and the plaintiff is not really interested in the subject-matter of the suit.
Section 88 of the Code of Civil Procedure, 1908 provides that,–
Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.
See also Interpleader Suit
IN THE COURT OF SENIOR CIVIL JUDGE AT GURUGRAM
Suit No…….of …………….
ABC, r/o ………., Gurugram …..…..Plaintiff
1. XYZ,r/o ………., Gurugram
2. PQR,r/o ………., Gurugram …..…..Defendants
The Plaintiff above-named respectfully submits as under:-
- That the Plaintiff is a teacher by profession. Defendant No.1 and Defendant No. 2 are both housewives.
- That on 1st April,20……one CDE, now deceased, deposited with the Plaintiff, for safe custody, a box locked containing shares, securities, debentures and certain items of jewellery, prior to his departure on a religious pilgrimage. This box is hereinafter referred to as “the said box”.
- That the said CDE expired on…………20…….
- That soon thereafter, Defendant No.1 approached the Plaintiff, claiming to be the widow of the said CDE, stating that she was entitled to the said box of CDE, which is currently in the custody of the Plaintiff.
- That two days later, Defendant No.2, also approached the Plaintiff, and stated that she, and not Defendant No.1 is the real widow of the said deceased, CDE, and that she was entitled to the said box after the death of the CDE.
- That in the circumstances, the Plaintiff did not handover the said box to either of the two Defendants.
- That the Plaintiff submits that both the Defendants have now threatened to take legal proceedings against the Plaintiff for recovery of the said box.
- That Plaintiff submits that he has no claim over the said box, and is ready and willing to deposit the same in this Hon’ble Court.
- That Plaintiff submits that there is no collusion between the Plaintiff and the two Defendants.
- That this court has jurisdiction as the cause of action accrued within the territorial limits of the court.
- That the valuation of suit was Rs……………on which the requisite court fee has been paid.
- That the suit has been filed within the period of limitation.
The Plaintiff, therefore, prays:
- that the Defendants be restrained by an injunction of this Hon’ble Court from taking any legal proceedings against the Plaintiff for recovery of the said box;
- that the Plaintiff may be allowed to deposit the said box with this Hon’ble Court;
- that on depositing the said box as aforesaid, the Plaintiff may be discharged from all liability to either Defendant in relation thereto;
- that the Plaintiff’s name may be struck off from this suit, and the Defendants be directed to interplead concerning their respective claims to the said box, and that the name of one of the Defendants be transposed as the Plaintiff in this suit;
- that the Defendants may be directed to pay to the Plaintiff costs of this suit; and
- that such further and other orders may be passed, as may be necessary or expedient in the circumstances of the case.
I, ABC, the plaintiff above-named, residing at…………., do hereby solemnly declare and say that what is stated in paragraphs………..to………..is true to my own knowledge and what is stated in the remaining paragraphs…….to…………. is stated on information and belief and I believe the same to be true.
Verified at ……………….on this……….day of October 20………..