Order XXXV Rule 1 CPC - Plaint in Interpleader Suit
Order XXXV Rule 1 specifies the additional statements that must appear in the plaint of an interpleader suit. Read with Section 88 of the Code of Civil Procedure, 1908, it provides a procedure for a neutral holder of property or money facing rival claims.
Text of Order XXXV Rule 1 - Plaint in interpleader-suit
In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state—
- that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs;
- the claims made by the defendants severally; and
- that there is no collusion between the plaintiff and any of the defendants.
Source: Code of Civil Procedure, 1908 - official India Code text (PDF).
Meaning and purpose of an interpleader suit
An interpleader suit is a proceeding in which two or more persons assert competing claims to the same debt, money or property held by another person. The holder, who does not claim the property for themselves except for charges or costs, asks the court to determine the rightful recipient and protect the holder against competing demands.
Section 88 CPC permits such a suit where the holder is ready to pay or deliver the subject matter to the rightful claimant. Its proviso bars a separate interpleader suit where an already pending suit can properly determine the rights of all concerned parties.
Three mandatory statements under Rule 1
1. No beneficial interest in the disputed subject matter
The plaintiff must expressly state that they claim no interest in the money or property except permissible charges or costs. A person asserting their own competing ownership claim generally cannot use this neutral-stakeholder procedure.
2. Separate claims of the defendants
The plaint must describe the rival claims made by each defendant, rather than merely alleging that a dispute exists. The court should be able to identify who claims the subject matter and the nature of each claim.
3. Absence of collusion
The plaint must state that the plaintiff has not colluded with any defendant. This requirement helps ensure that the proceeding is brought by a genuinely neutral stakeholder rather than to assist one claimant against another.
How Section 88 and Order XXXV work together
Section 88 sets out when an interpleader suit may be instituted. Order XXXV Rule 1 sets out what the plaint must additionally contain. The other rules in Order XXXV govern payment or custody of the disputed property, pending proceedings, first-hearing directions, restrictions affecting agents and tenants, and protection of the plaintiff's costs.
Illustrative example
A warehouse holds goods claimed by two different persons. If the warehouse asserts no ownership interest, is ready to deliver the goods to the person found entitled, and otherwise meets Section 88 and Order XXXV, it may seek an interpleader determination. Its plaint should describe both claims and expressly deny any collusion.
Related legal provisions
- Section 88 CPC: conditions for instituting an interpleader suit, including the proviso concerning an existing suit.
- Order VII CPC: general rules governing the contents and presentation of plaints.
- Order XXXV Rule 2: the court may require payment into court or placement of the subject matter in its custody.
- Order XXXV Rule 4: the court's options at the first hearing, including discharge of the stakeholder or adjudication of competing claims.
- Order XXXV Rule 5: limits on interpleader suits by agents against principals and tenants against landlords, subject to the rule's terms.
Official legislation and further reading
For the primary statutory text, consult India Code - Code of Civil Procedure, 1908 and the official Act PDF. Court-specific amendments and applicable procedural rules should also be checked before filing.
Practical point: The three declarations under Order XXXV Rule 1 are additional to the ordinary requirements for a plaint. Whether a particular suit is maintainable depends on the facts, Section 88, and the other applicable provisions.