Question

Section 88 with Order XXXV of the Code of Civil Procedure, 1908 deals with:

• A. Interpleader suit
• B. Interlocutory Order
• C. Restitution Order
• D. Attachment Order

Hint:

Interpleader suits help resolve disputes over property held by a third party without the third party having any claim to the property.

Answer 1

The Correct Option is A

Step 1: Understanding Section 88 and Order XXXV.
Section 88 of the Civil Procedure Code, along with Order XXXV, specifically deals with interpleader suits, where the court determines the rightful ownership of a disputed property held by a third party (the stakeholder), without making any claims of its own.
Step 2: Explanation of the options.
- (a) Interpleader suit: This is the correct answer, as it deals with resolving disputes between parties claiming rights to property held by a third party.
- (b) Interlocutory Order: This refers to temporary orders made during the course of a case, which is not what Section 88 deals with.
- (c) Restitution Order: This deals with restoring the status quo or property but is not related to Section 88 and Order XXXV.
- (d) Attachment Order: This refers to an order for attaching property to satisfy a judgment, not interpleader suits.
Step 3: Conclusion.
Thus, the correct answer is (a) Interpleader suit.