Interpleader suit—Section 88 and Order 35
Q. 1. ‘X’ lets out certain lands to ‘Y’. ‘A’ alleges that land never belonged to ‘X’ and claims rent from ‘Y’. ‘Y’ institute an interpleader suit against ‘A’ and ‘X’. Will it lie?
Bihar Judicial Service Exam. 1984
Ans: No, ‘Y’ cannot institute an interpleader suit in this case—Order 35, Rule 5 of Civil Procedure Code.
Reasons: This problem is related to Order 35 (Interpleader suit) and based on Rule 5 of Order 35. The relevant part of Rule 5 of Order 35 on which this problem is based provides that a tenant can not institute an interpleader suit against the landlord. In the given problem ‘X’ is the landlord and ‘Y’ is the tenant. Thus, in view of the Rule 5 of Order 35, ‘Y’ cannot bring an interpleader suit against ‘X’ in respect of rent and interpleader suit instituted by ‘Y’ against ‘X’ and ‘A’ is not maintainable in the eye of law.
Note: Interpleader Suit—An ‘Interpleader suit’ is a suit in which the real dispute is not between the defendants who interplead against each other unlike in an ordinary. In an ordinary suit there is a disputed between a plaintiff and a defendant. It is not so in an interpleader suit. In an interpleader suit, the plaintiff is not really interested in the subject matter of the suit—
MULLA: Code of Civil Procedure, (1995) Vol. 1 Page 613. What is an interpleader suit?
West Bengal Judicial Service Exam. 2004
Source: Kishor Prasad, Problems & Solutions on Civil Law