Rough Draft for partial fulfilment of DPC

On

Inter Pleader Suit

Submitted To:-

Dr. B.R.N. Sarma

Faculty of DPC

Submitted By: -

Adhish Prasad

Roll No. 904

4th Year B.A., LL.B. (Hons)

INTRODUCTION
Inter-pleader suit is a suit filed by a person who has no direct interest in the subject-matter of
the suit.

It is a suit filed a third party (the plaintiff) in the court to have adjudication of the rival claims
of the defendants over some article, money or property.

In other words if the plaintiff is in possession of some article, things or property (in which he
is not having direct interest or he may be a custodian or stake holder) and if he is in a delima
over the rivals claims of the defendants, he may file inter-pleader suit in the competent court
to have determination as to who is the actual owner of the article, things or property.

Inter-pleader suit is governed by Order 35 of the Code of Civil Procedure, 1908.

In Inter-pleader suit the plaintiff must state that he has not direct interest in the subject matter
and that there is there is no collusion between the plaintiff and the defendant. See Order 35
Rule 1.

Inter-pleader suits cannot be filed by tenants or by agents so as to make their landlords or

principals interplead with persons who have not claimed through such landlords or principals

OBJECT OF THE STUDY-

1. To find out all the legal implication of Interpleader suit.

2. To highlight all the provisions of Interpleader Suit.

HYPOTHESIS-

RESEARCH METHODOLOGY-

Researcher shall emphasize and use the doctrinal method to prepare this project topic.
SOURCES OF DATA-

PRIMARY SOURCES:- SECONDARY SOURCES:-

1. Code of Civil Procedure Act 1. Books on DPC

2. The Constitution of India, 1950 2. Websites

3. Journals

TENTATIVE CHAPTERISATION-

INTRODUCTION

1. GENERAL CONCEPT OF SUIT

2. WHERE INTERPLEADER SUIT MAY BE INSTITUTED
3. PLAINT IN THE INTERPLEADER SUIT
4. PAYMENT OF THING CLAIMED IN THE COURT
5. PROCEDURE WHERE DEFENDANT IS SUING PLAINTIFF
6. PROCEDURE AT FIRST HEARING
7. AGENTS AND TENANTS MAY NOT INSTITUTE INTERPLEADER SUIT
8. CONCLUSION

BIBLIOGRAPHY

BOOKS: -

Lectures on DPC, by Dr. Rega Surya Rao, Andhra Law House, 3rd Edition
C.K. Takwanis, Civil Procedure, 7th Edition, , Eastern Book Company
The Code of Civil Procedure (CPC), by Prof. M.P.Jain, 3rd Edition, Reprint 2014

WEBSITES.

1. http://www.lawzonline.com
2. http://www.advocatekhoj.com
3. http://hanumant.com