Question

A is in possession of property claimed by B and C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute------- suit

• A. Friendly suit
• B. Caveat
• C. Interpleader
• D. Restitution

Hint:

Understand the specific purpose of different types of suits and procedures under the CPC. Differentiating between concepts like interpleader suits, summary suits, representative suits, and caveats is fundamental for procedural law questions.

Answer 1

The Correct Option is C

Step 1: Understanding the Concept:
The scenario describes a situation where a person (A) is in possession of property or money that they do not claim for themselves, but which is being claimed by two or more other persons (B and C) against each other. The question asks for the name of the legal proceeding that 'A' can initiate to resolve this situation.
Step 2: Key Formula or Approach:
This situation is addressed by the provisions for an 'Interpleader Suit' under the Code of Civil Procedure, 1908 (CPC). The relevant provisions are:
- Section 88 of CPC: Lays down the conditions under which an interpleader suit can be filed.
- Order XXXV of CPC: Provides the detailed procedure for such suits.
Step 3: Detailed Explanation:
An Interpleader suit is a lawsuit initiated by a party who holds property on behalf of another, to decide who among two or more rival claimants is the rightful owner. The person filing the suit (the plaintiff, 'A' in this case) must be a neutral stakeholder. Their objective is not to win the property, but to get a judicial decision on whom to deliver the property to, thereby protecting themselves from future litigation from the unsuccessful claimant.
In the given problem:
- 'A' is the neutral stakeholder in possession of the property.
- 'B' and 'C' are the rival claimants.
- 'A' does not claim any interest in the property.
This is the classic scenario for filing an interpleader suit.
- A Caveat is a notice filed to a court to prevent an ex-parte order.
- Restitution is the restoration of something lost or stolen to its proper owner.
- A Friendly suit is a non-adversarial suit to get a court's opinion.
Step 4: Final Answer:
The correct legal action for A to take is to institute an Interpleader suit.