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  • Petitions & Pleadings / INTERPLEADER

Petitions & Pleadings

INTERPLEADER

 

IN THE COURT OF_____________ (add detail court)

Suit no.____/20____

_________________ (suppose A.B.)(add description and residence).

Plaintiff

against

__________________ (suppose C.D.)(add description and residence) . . .

Defendant

A. B., the above-named plaintiff, states as follows :-

  1. Before the date of the claims hereinafter mentioned H. deposited with the plaintiff [describe the property] for [safe-keeping].
  2. The defendant D. claims the same [under an alleged assignment thereof to him from G.H.].
  3. defendant F. also claims the same [under an order of G.H. transferring the same to him.]
  4. The plaintiff is ignorant of the respective rights of the defendants.
  5. 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.
  6. The suit is not brought by collusion with either of the defendants.
  7. [Facts showing when the cause of action arose and that the Court has jurisdiction.]
  8. 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.
  9. The plaintiff claims :-
    1. that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;
    2. that they be required to interplead together concerning their claims to the said property;
    3. [that some person be authorised to receive the said property pending such litigation;]
    4. that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto.

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