Question

Which of the following deals with plaint in interpleader-suits in the code of civil procedure?

• A. Order 12, Rule 1
• B. Order 17, Rule 10
• C. Order 33, Rule 18
• D. Order 35 Rule 1

Hint:

For CPC, it is helpful to remember the subject matter of important Orders, especially those dealing with special types of suits like Interpleader suits (O. 35), suits by or against Government (O. 27), suits by indigent persons (O. 33), and summary procedure (O. 37).

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
The question asks for the specific provision (Order and Rule) in the Code of Civil Procedure (CPC) that deals with the plaint in an interpleader suit. An interpleader suit is filed by a person who holds property or owes money that is claimed by two or more other persons, and the holder has no interest in it himself. He files the suit to have the court decide who the rightful claimant is.

Step 2: Key Legal Provision:
The substantive law for interpleader suits is in Section 88 of the CPC, and the procedural rules are contained in Order 35.

Step 3: Detailed Explanation:
- Order 35 of the CPC is titled "Interpleader." - Order 35, Rule 1 is titled "Plaint in interpleader-suit." It specifies what must be stated in the plaint of an interpleader suit. The plaint must state that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs, the claims made by the defendants severally, and that there is no collusion between the plaintiff and any of the defendants. This directly corresponds to the question. - The other options deal with different topics: - Order 12 deals with Admissions. - Order 17 deals with Adjournments. - Order 33 deals with Suits by Indigent Persons.

Step 4: Final Answer:
Order 35, Rule 1 of the CPC deals with the plaint in interpleader suits.