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88 CPC - Where inter pleader-suit may be instituted

Section 88 of Code of Civil Procedure 1908 - Where inter pleader-suit may be instituted

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 inter pleader 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 inter pleader shall be instituted.  

  

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