competent Civil Court. The present suit is not a suit for eviction
but is an interpleader suit filed under Section 89 of the Code ... Order XXXV - INTERPLEADER
Rule 1. Plaint in interpleader-suit- In every suit of
interpleader the plaint shall, in addition to the other
statements necessary
application filed by petitioner to adjourn
rent petition till pendency of interpleader suit preferred by
petitioner(s)/tenant(s) was dismissed and further vide order ... themselves to be the landlord. Accordingly,
petitioner-tenant had filed an interpleader suit seeking direction from the
Court as to who is the rightful landlord
appellant Vodafone had filed an interpleader suit
being CS No. 23 of 2018 in which, Saregama and IPRS are
party defendants.
5. Saregama had filed ... IPRS has contended
that CS No. 23 of 2018 is an interpleader suit. Therefore,
Vodafone as the plaintiff in such suit cannot contend that,
IPRS
plaintiff in the suit,
though incidentally or along with it, it may also claim relief
against the codefendants in the suit. But a counterclaim
directed ... counterclaim the litigation cannot be
converted into some sort of an interpleader suit...."
21. The above observations have been reiterated with approval
in subsequent
appeal) for an order to
set aside the dismissal of a suit;
(d) an order under rule 13 of Order IX rejecting an
application ... permission to sue
as an indigent person;
(p) orders in interpleader-suits under rule 3, rule 4
or rule 6 of Order XXXV
defendants in a suit for
partition cannot be maintained. The litigation cannot
be converted into some sort of an inter pleader suit ... against his co-defendant in a
suit, the said suit cannot be converted into some sort of an
interpleader suit. The defendant cannot also file
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-suits under rule 3, rule 4
or rule 6 of Order XXXV
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. Here, Defendants 3 to
17 had no claim as against the plaintiff
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. Here, Defendants 3 to
17 had no claim as against the plaintiff
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. Here, Defendants 3 to
17 had no claim as against the plaintiff
