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
demanding rent from him and therefore he intended to file an
interpleader suit. The defendant actually filed interpleader suit
against the plaintiff as well ... Rule 5 prevents a
tenant from compelling a landlord to interplead. Thus, the
interpleader suit itself was not maintainable. Shri Dhanagare,
learned counsel, submits that
association of Groundnut Extraction Exporters filed the above suit as an interpleader suit under the provisions of Order XXXV of the Code of Civil Procedure ... suit. Whatever the expression 'first hearing' might mean, it undoubtedly connotes the hearing of the suit. As the suit was not on Board
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partition suit, as according to her, said provisions creates an embargo
on continuing the other suit against Interpleader suit. She would
further ... Suit and the partition
suit, it can be noticed that the subject matter in both the suits is
different. As in the partition suit, what
interpleader-suit is actually suing the
plaintiff n respect of the subject-matter of such suit, the Court which
the suit against the plaintiff ... suit has been instituted, stay the
proceedings as against him and his costs in the suit so stayed may be
provided for in such suit
suit as filed was maintainable. It will be seen that in the present suit, the plaintiff is not an outsider. In an interpleader suit ... defendants to interplead, by framing necessary issue/s. Where, therefore, the plaintiff claims any interest in the concerned property, the interpleader suit has to necessarily
They also submit
that the tenants had in fact, filed an interpleader suit in the year
2018 being Interpleader Suit ... Plaintiff and other from the Defendant
No. 1. Therefore, the said interpleader suit was filed for the limited
purpose to assert that the tenants
They also submit that the tenants had in fact,
filed an interpleader suit in the year 2018 being Interpleader
Suit ... Plaintiff and other from the Defendant No. 1.
Therefore, the said interpleader suit was filed for the limited
purpose to assert that the tenants
Lokur, and the question is as to the maintainability of an interpleader suit. The plaintiff, who is now the appellant, alleged that he took some ... suit against him. We are informed that that suit has been decided. We are also informed that defendant No. 2 has brought a suit. That
shares. Hence, Respondent No.1 was constrained to
file this 'Interpleader Suit', and, therefore, at this interim stage, no such
order directing ... Admittedly, the Suit filed before the Trial Court is an 'Interpleader
Suit', which was initially filed before this Court and thereafter, in view
