CiteTEXT
...interpleader suit (Order 94 of 1088) the plaintiffs in the present suit also rely on a cause of action founded on new charges which disqualify the defendants in the present suit from acting as trustees of ...resolution the payment of the Ressissa to the Patriarch was stopped. The interpleader suit (Order 94 of 1088) was filed in 1913. If non-payment of Ressiasa could be made a ground of attack, it sho...be the supreme head of the Orthodox Syrian Church. In any case, according to the Canons relied upon by each of the parties, namely, Ex. B.P—Ex. 18 of Order 94 of 1088 produced by the plaintiffs or Ex. 26—E...
...interpleader suit a person in possession of property not his own is enabied to call upon the rival claimants to such property to appear before the Court, in order that the right to such property, as between...provisions of order lvii of the rules of the Supreme Court, 1883 (England) cannot be doubted. Interpleader suit under Rule 1 of Order LVII falls under two head...a stake-holder or persons analogous thereto; and (2) interpleader by a sheriff or officer 'ejusdem generis'.
15. Part (a) of Rule 1 of Order LVII deals with ...
...preliminary objections that the interpleader suit was not maintainable in view of Order 33 Rule 5 of the Civil Procedure Code (for...view that the interpleader suit is not maintainable, on the facts alleged in the plaint.
6. Order 35 Rule 5 of the Code clearly bars such a suit by a tenant...cause to file interpleader Suit.
7. Two illustrations have been mentioned in Order 35 Rule 5 of the Code and the trial Court in not dismissing the interpleader...
...acted as Agent of the Church. Learned counsel for the tenant has placed reliance on Exception to rule-5 of Order 35 of the Code of Civil Procedure, to contend that an ...is competent if the claim is being made by any other person through the landlord. For the facility of reference rule-5 of Order 35 of the Code of Civil Procedure is reproduced as...be the owner. In the suit, it impleaded Sada Nand as one of the defendants along with Jagdish Rai and another. Sada Nand also filed a interpleader suit on 16.6.1985, impleading the Church as well as...
.... It is contended on behalf of the petitioner that the language of Order 35 Rule 5 of the Code is clear to the extent that if any person claims an independent right not through the landlo...premises. Therefore, an interpleader suit cannot lie. In order to clarify the confession that has arisen, the bank may initiate any other legal proceedings, but by reason of the clear language of...Order 35 Rule 5 of the Code, the interpleader suit shall not lie.7. In the decision relied upon by the learned Court below in the case of J. Chakrabarti v. Chief...
...hearing the counsel for the parties and going through the copy of the plaint of the interpleader suit filed by respondent No. 1 and the impugned order, I am of the opinion that his petition filed by...the petitioner deserves to be allowed and the interpleader suit filed by respondent No. 1 is not maintainable in view of the provisions contained in Order 35, Rule 5 CPC. Order 35...claimed independent rights of ownership over the demised shop and had denied the rights of the landlords, the provisions of Order 35, Rule 5 CPC were clearly attracted and the tenant coul...
...pending on receiving information about the pendency of the interpleader suit, is bound to stay the pending suit. This way, the impugned order of the Rent Controller is palpably illegal and unjust. In...that proceedings under Section 13 of the Act are not liable to be stayed at the behest of the tenant who otherwise also is not justified to file an interpleader suit in view of bar of order 35 Rul...1. This revision petition is against the order of Rent Controller dated 10.9.1990 whereby an application under Section 10 read with Section 151 C. P. C, filed...
...
challlenged the order dated 18.11.2019, whereby his request for
adjourning the Rent Petition sine die, till the decision of interpleader
civil suit No. 1831/2019, was...
Citation No.2023:PHHC:120457
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CR No. 7926 of 2019 (O&M)
Date of.... Fateh Saini, Advocate for the petitioner.
Mr. Sanjay Jain, Advocate for the respondent.
...
SANJAY VASHISTH, J. (Oral)
1. By way of the present petition, petitioner-tenant...
...for the petitioners that in view of Order 35 Rule 5 of the Code of Civil Procedure (in short, CPC) tenants cannot file interpleader suit, cannot be accepted because under...Constitution of India read with section 15 of the Haryana Urban (Control of Rent and Eviction) Act, 1973 (in short, the Act) assailing order dated 22.3.2012 passed by learned Rent Controller...stay the proceedings in the ejectment petition.In any event, the tenants may file interpleader suit if they are facing any problem in payment of rent or otherwise. Contention of counsel...
..., from whom? The suit was exactly in conformity with S. 88 and Order 35, rule 4 of the CPC relating to an interpleader suit. The issues were also in accordance with the...the balance will be delivered to defendant No. 1.”6. The relief given is a proper one in order be dispose of the interpleader suit. The subject-matter in dispute may be deposited in...aforesaid provisions. The Court made a declaration of title in favour of defendant No. 1 and directed him to pay the costs of the plaintiff and in terms of rule 6, Order 35 made ...
...has taken me through the provisions of Section 88 of the CPC in order to contend that even in that situation, interpleader suit was not maintainable. Section 88 of the CPC is reproduced as under...is pending in which the rights of all Parties can properly be decided, no such suit of interpleader shall be instituted.”Again, the learned counsel has taken me through the provisions ...etc. in terms of order dated 24.2.2011 Definitely since the limitation for filing the appeal has not expired as such judgment cannot be said to have attained finality.Learned counsel for the petitioner has time and ag...
...Civil Procedure and Order 35 which would deal with the procedure as well as the contents of the plaint, in an interpleader suit. Order 35 Rule (1) read as follows.... Therefore, the facts of the case would not come within the provisions of Section 88. Further, a reading of Order 35 Rule (1), would indicate that the plaint in an interpleader ...interpleader has been dealt with and that the provisions covering the interpleader suit are in Section 88 and Order 35 [1]. The provisions of Order 7 Rule 11, clearly...
...obtain a decision from the court as lo the person to whom the payment should be made and then observed: —“. . . . O. 35 C.P.C lays down the procedure of interpleader suit. It is clear that in order to...court that in order to justify an interpleader suit the claims of the rival claimants should be shown to have “legal justification”. section 88 of the Code of Civil Procedure...the only question, for determination is whether the insurance office can claim relief by way of interpleader under Order LVII., rule (a). From the facts which I have stated it is apparent that the...
...tenant and such type of suit should not be stayed on the ground of filing of interpleader suit.8. Aggrieved from the order dtd. 3.1.1997 (Annex. 3), this writ petition has been filed...(respondent No. 2) is contrary to the provisions of Order 35 Rule 3 C.P.C and when interpleader suit was filed by the defendant petitioner, further proceedings in the present...of India on 8.12.2003 against the respondents with a prayer that by an appropriate writ, order or direction, the order dtd. 3.1.1997 (Annex. 3) passed by the respondent No. 2 (Additional Civil...
...tenancy, and therefore, in order that an interpleader suit may lie, the claim of the party other than the landlord must be consistent with the title of the landlord at the commencement of the tenancy in...Broomfield, J.:—This is a Letters Patent appeal from a judgment of Mr. Justice Lokur, and the question is as to the maintainability of an interpleader suit. The plaintiff, who.... That rule says this:“Nothing in this Order shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead...
...K.T Koshi, C.J:— This appeal is directed against an order impleading an additional defendant in an interpleader suit. The Bishop of Alleppy who happened to be the stake holder in respect...interpleader suit by the Bishop.2. Prima facie the appeal is incompetent as O. 43, R. 1 of the CPC contemplates no appeal from an order made under O. 1, R. 10 of the CPC. Presumably the...as in our opinion no interference with the order is called for. No doubt the stake-holder when he brought the suit was only aware of the disputes between defendant 1 on the one hand & defendants 2 and...
...13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the present petitioners from the shop in dispute. Vide the impugned order dated 28.11.2009, the application moved by the...petitioners under Order 35 Rule 3 of the Code of Civil Procedure (CPC for short) for staying the further proceedings in the ejectment petition was dismissed. Hence, the present...had filed ejectment petitions against the tenants. The petitioners had filed an interpleader suit under Order 35 Rule 5 CPC to determine the rights in tenancy premises. Till...
...Section 13 of the East Punjab Urban Rent Restriction Act, 1949 for ejectment of the present petitioners from the shop in dispute. Vide the impugned ...petitioners under Order 35 Rule 3 of the Code of Civil Procedure (CPC for short) for staying the further proceedings in the ejectment petition was dismissed. Hence, the...Ishar Singh had filed ejectment petitions against the tenants. The petitioners had filed an interpleader suit under Order 35 Rule 5 CPC to determine the rights in tenancy...
...by the petitioner-tenant under Order 35 Rule 3 CPC seeking to stay the proceedings of the eviction petition till the disposal of the interpleader suit filed by the petitioner...:-
"Agents and tenants may not institute interpleader suits – Nothing in this order shall be deemed to the enable agents to sue their principals, or tenants to sue their landlor...."
7. Two illustrations have been mentioned in Order 35 Rule 5 of the Code and the trial court is not dismissing the interpleader suit as not...
...under Article 227 of the Constitution. Under sub-rule (3) of Rule 4 of Order XXXV, which applies to interpleader suits, there is clear direction that once the suit has...1.The above petition which has been framed under Article 227 of the Constitution has asked an order dated 26th. September, 1957, passed by the learned Civil...will were also not arrayed in the list of the defendants or rather the claimants to the Mahewa Estate.7. Order XXXV of Schedule I of the Code of Civil Procedure 1908 has, in prescribing...