Interpleader

Interpleader 

The  ambit, scope and the area of operation of interpleader is provided in Section 88 read with Order XXXV of the Code of Civil Procedure, 1908 dealing with interpleader suits.

An interpleader suit is one in which the real controversy/dispute is not between the plaintiff and the defendant, but is rather between the defendants only, who inter-plead against each other. The hallmark of an interpleader suit is the fact that, in an interpleader suit, the plaintiff is not really interested in the subject-matter of the suit. The primary and the foremost object of an interpleader suit are to have the claims of rival defendants adjudicated, for, in an interpleader suit, there must be some debt, or, some money, or, other property in dispute between the defendants only. The plaintiff in an interpleader suit must be in a position of impartiality/non-arbitrariness.

Interpleader is a form of equitable relief. Equitable remedies are ways for courts to enforce rights other than by issuing judgment for money damages.

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