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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXV: Interpleader

Order XXXV Rule 1 CPC: Plaint in interpleader-suit

Bare Act text

1. Plaint in interpleader suit.—In every suit of interpleader the plaint shall, in addition to the other statements necessary for plaints, state—

(a) that the plaintiff claims no interest in the subject-matter in dispute other than for charges or costs;

(b) the claims made by the defendants severally; and

(c) that there is no collusion between the plaintiff and any of the defendants.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

In an interpleader suit the plaint must contain, besides the usual statements, three things. The plaintiff must state that he claims no interest in the subject-matter in dispute other than for charges or costs. He must state the claims made by the defendants severally. He must also state that there is no collusion between him and any of the defendants.

Order XXXV: Interpleader

  1. 1 Plaint in interpleader-suit
  2. 2 Payment of thing claimed into Court
  3. 3 Procedure where defendant is suing plaintiff
  4. 4 Procedure at first hearing
  5. 5 Agents and tenants may not institute interpleader-suits
  6. 6 Charge for plaintiff's costs