INTERPLEADER
In the Court of ______________________
A.B. (add description and residence) _________________ Plaintiff
VERSUS
C.D. (add description and residence) ________________ Defendant
A.B., the above-named plaintiff, states as follows:-
- Before the date of the claims hereinafter mentioned G.H. deposited with the plaintiff [describe the property] for [safe keeping].
- The defendant C. D. claims the same [under an alleged assignment thereof to him from G.H.].
- The defendant E.F. also claims the same [under an order of G.H. transferring the same to him.]
- The plaintiff is ignorant of the respective rights of the defendants.
- He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.
- The suit is not brought by collusion with either of the defendants.
- Facts showing when the cause of action arose and that the Court has jurisdiction.
- The value of the subject_matter of the suit for the purpose of jurisdiction is __________________ rupees and for the purpose of court fees is ______ rupees.]
The plaintiff claims:-
- that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;
- that they be required to interplead together concerning their claims to the said property.
- that some person be authorised to receive the said property pending such litigation;
- that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto.
Dated :
Plaintiff
Through, Advocate
Verification:
I, ______, do hereby verify that the contents from paras 1 to ______ are correct and true to the best of my knowledge and personal belief and no part of it is false and nothing material has been concealed therein.
Affirmed at (Name of Place) this ______.
Plaintiff
AFFIDAVIT
In the Court of _______________________________
Petitioner:____________________________
Versus
Respondent:____________________________
That I am the petitioner in the present case and I am well conversant with the facts and circumstances of the case, hence competent to file this affidavit.
That, I am filing an application under Section 88 read with Order XXXV of the Code of Civil Procedure,. 1908 before this Hon’ble Court. The contents of the application have been read over, translated and explained to me in Hindi and in English also. The content of the application related to the facts are true from my personal knowledge and that related to law are true to the information received by me from my advocate, which I believe to be true and this affidavit is sworn in support thereof. Nothing contained therein is false and nothing has been concealed.
Place: (Signature)
__________________
Date: Deponent
__/__/____
