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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 5 CPC: Agents and tenants may not institute interpleader-suits

Bare Act text

5. Agents and tenants may not institute interpleader suits.—Nothing in this Order shall be deemed to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords.

(a) A deposits a box of jewels with B as his agent. C alleges that the jewels were wrongfully obtained from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C.

(b) A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the jewels a security for a debt due from himself to C. A afterwards alleges that C’s debt is satisfied, and C alleges the contrary. Both claim the jewels from B. B may institute in interpleader-suit against A and C.

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

Order XXXV does not allow agents to sue their principals, or tenants to sue their landlords, to compel them to interplead with persons other than those claiming through the principal or landlord. The illustrations show the line. An agent holding jewels cannot interplead his principal and a stranger who alleges the jewels were wrongfully obtained from the principal. He can interplead where his principal and another person both claim the jewels as security for a disputed debt.

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
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