this
suit in the City Civil Court and as such the proceedings in this suit are
required to be stayed being a subsequent suit giving ... properly be decided, no such suit
of interpleader shall be instituted.
11. In case of an interpleader suit two persons have to claim adversely
against
earlier suit. The plaintiff cannot file cross suit
against defendant to protect his suit land in the pending first
appeal and thus present suit ... claim the litigation cannot be converted
into some sort of an interpleader suit. Here,
defendants 3 to 17 had no claim as against the
plaintiff
earlier suit. The plaintiff cannot file cross suit
against defendant to protect his suit land in the pending first
appeal and thus present suit ... claim the litigation cannot be converted
into some sort of an interpleader suit. Here,
defendants 3 to 17 had no claim as against the
plaintiff
case from both the Courts
below.
3. Plaintiff had filed an interpleader suit for demolition of house
constructed by defendant No. 1, as well ... responsible citizen of Nayagaon and, accordingly, he has filed an
interpleader suit for demolition of construction raised by defendant No. 1 as
well
plaintiff in the suit, though incidentally
or along with it, it may also claim relief against the co-
defendants in the suit. But a counterclaim ... counterclaim the litigation cannot be converted into some sort of
an interpleader suit…..”
21. The above observations have been reiterated with approval in
subsequent pronouncement
Sushanta Kumar Kabi vs Aabsys Information Technology on 13 February, 2025
ORISSA HIGH COURT : CUTTACK
Order XXII refusing to set aside the abatement or dismissal of a
suit;
(l) an Order under Rule 10 of Order XXII giving or refusing ... permission
to sue as an indigent person;
*****
(p) orders in interpleader-suit under Rule 3, Rule 4 or Rule 6 of Order XXXV
Order XXII refusing to set aside the
abatement or dismissal of a suit;
(l) an Order under Rule 10 of Order XXII giving or refusing ... permission to sue as an indigent person;]
(o) [* * *]
(p) orders in interpleader-suit under Rule 3, Rule 4 or Rule 6 of
Order XXXV
Order XXII refusing to set aside the
abatement or dismissal of a suit;
(l) an Order under rule 10 of Order XXII giving or refusing ... permission to sue as an indigent persons:]
(p) Orders in interpleader-suits under rule 3, rule 4 or rule 6 of Order
XXXV
action for removal of encroachment from the public street, then interpleader
suit can always be filed. Therefore, although the plaintiff had claimed in his
cross ... encroachment done by the
defendant Nos.1-3, therefore, an interpleader suit can be maintained.
25. Under these circumstances, this Court is of considered opinion
