Format of an Interpleader suit


Important points (Assuming that the reader knows what is an interpleader suit)
  1. Format of all Civil suits are pretty much the same. They are governed by Order VI (Pleading) and Order VII (Plaint) CPC. Please see this for theory part.
  2. Conditions required for an Inter pleader Suit:
    1. There must be some debt, sum of money, or other property - movable or immovable, in dispute.
    2. Two or more persons must be claiming the same property advesrly to each other.
    3. Plaintiff must not be interested, partly or wholely, in the same property (subject matter of the suit).
    4. There must not be a suit pending wherein the rights of rival claimants can be properly adjudicated.
  3. As per Order 35 of CPC, in every interpleader suit, the plain must state the following - 
    1. the plaintiff claims no interest in the subject matter in dispute other than charges and costs
    2. the claims have been made by the defendants severally
    3. there is no collusion between the plaintiff and any of the defendants
  4. As per O 35, R 5, an agent cannot sue his principal or a tenant his landlord for the purpose of compelling them to interplead with persons other than persons claiming through such principal or landlord. This is because an agent cannot dispute the title of his principal and a tenant cannot dispute the ownership of his landlord.

In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20…….
1. A. B. s/o B. C.
    123, M G Road, Indore, MP                           .........................................  Plaintiff

Vs.

1. M. N. s/o O. P.
   456, M G Road, Indore, MP                            .........................................  Respondent 1

2.  X. Y. s/o Y. Y.
    555, M G Road, Indore, MP                            ......................................... Respondent 2

Plaint under Order 35 Rule 1

The plaintiff respectfully states as follows : -

(Matters of Inducement)
(1) Plaintiff is a Govt. Servant employed with ... .
(2) Respondents 1 and 2 are both is the president of an informal residents association of MG Road.

(Facts constituting cause of action)
(3) On 10/10/2008, Respondent 1 gave the plaintiff gold bangles for safekeeping.
(4) On 10/11/2008, Respondent 2 came to the plaintiff asking for the gold bangles claiming that they were pawned by respondent 1 to respondent 2.
(5) On the same date, 10/11/2008, Respondent 1 also came asking for the bangles. Respondent 1 denied pawning the bangles to respondent 2.

(Statements as per O 35)
The plaintiff has no interest in keeping the gold bangles.
There is no collusion between the plaintiff and any of the defendants
The bangles are being claimed by the respondents severally and the plaintiff is ignorant of the respective rights of the claimants.
...
(Jurisdiction)
(10) Respondent 1 is a resident of MG Road, which is under this court's jurisdiction.
(11) The cost of the bangles is 40,000/- which is within this court's pecuniary jurisdiction.

(12) Relief Claimed: The plaintiff prays that
  1. the respondents be restrained , by injunction, from taking any proceedings again the plaintiff in relation thereto
  2. the respondents by required to interplead together concerning their claims to the said property
  3. some person be authorized to receive the said property pending such litigation
  4. upon delivering the property to such receiver the plaintiff be discharged from all liability to either defendants in relation thereto.



Place: ………………….                                                                            (Signature of the plaintiff)
Date: …………………..                                                                            


                                                                                                                    Advocate for Plaintiff

Verification
 
 I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein. Affirmed at Indore this 4th Day of September 2009.

(Signature)
Plaintiff