defendants are concluded by the final
decision (Ex. 256) in the interpleader suit (O. S. No. 94 of 1088) and by
the provisions ... that interpleader suit and the
second defendant in the present suit was the second defendant in that
interpleader suit. In these circumstances there does
Section 88 in The Code of Civil Procedure, 1908
88. Where interpleader suit may be instituted .-
Where two or more persons claim adversely ... that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted
final decision, (Ex, 256) pronounced on July 4, 1928 in the
interpleader suit (O. S. No. 94 of 1088) which is reported in
45 Trav ... have been raised were
directly and substantially in issue in the interpleader suit (O.S.
94 of 1088) and had been decided by the Travancore
each suit, clubbed all the suits for trial and recorded evidence in the suit O.S. No. 357/1980 in the Interpleader Suit filed ... that where any suit is pending in which the rights of all parties can properly be decided, no such suit of Interpleader shall be instituted
99PLR181
JUDGMENT
Gokal Chand Mital, J.
1. Eight tenants filed separate interpleader suits in which Shri Sanatam Dharara Satsang and Janj Ghar through Shri Satinder ... pleaded by way of preliminary objections that the interpleader suit was not maintainable in view of Order 33 Rule 5 of the Civil Procedure Code
application or suit filed by the said defendant regarding his claim on the suit property.
4. During the pendency of the above suit ... compelling them to interplead with the aforesaid parties. In that case, one Bhagwan Dass was the tenant, who filed the interpleader suit against Jugal Kishore
recording following findings.--
"(i) I find that in the present interpleader suit the only question involved is whether the defendant No. 1 entitled ... ground in regard to non-adjudication of title in the interpleader suit.
Vide order dated 19-9-1996 this writ petition was disposed of, which
parties the following preliminary issue was fixed; "Whether an interpleader suit is competent in the present case?"
6. Finding that the interpleader suit ... suit except when such suit, comas within that section.
18. Section 48 of the Act gives power to the Court of Wards to institute interpleader
District Court, West Godavari at Eluru dismissing the suit as not maintainable. The suit was an interpleader suit instituted under Section 88 and Order ... were not tried. But the suit was dismissed on the finding that the suit is not maintainable as an interpleader suit. Hence this appeal
Suit No. 384 of 1969 on 2/4/1969. The said suit was decided on 27/2/1980. In the meantime, in that interpleader suit ... against the deposit of the rent by the defendant in the Interpleader Suit No. 384/69.
5. The respondent therefore, preferred an appeal
