Section 88: Where interpleader suit may be instituted

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908

Legal Commentary & Landmark Judgments: Section 88

Section 88 governs interpleader suits, providing that where two or more persons claim adversely to one another the same debt, sum of money, or other property from another person who claims no interest therein other than for charges or costs, that person may institute an interpleader suit against all the claimants.

  • Disinterested Stakeholder Requirement: Plaintiff must claim no interest in the subject-matter other than for charges or costs.
  • Rival Adverse Claims: Two or more defendants must claim adversely to one another the same debt, money, or property.
  • Willingness to Deliver to Court: Plaintiff must be ready and willing to pay or deliver the debt or property to the rightful claimant or deposit it in court.
  • Bar on Collusion: Plaintiff must have no collusion with any of the rival claimants.
  • Bar on Pending Suit [Proviso]: No interpleader suit can be instituted if a suit is already pending in which the rights of all parties can properly be decided.
Key Landmark Precedents:
  • R.V. Bhupal Prasad v. State of A.P., (1995) 5 SCC 698: The Supreme Court highlighted that an interpleader suit under Section 88 protects a stakeholder from double jeopardy and rival conflicting demands by allowing deposit in court.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: Affirmed that Order 35 read with Section 88 provides a complete procedural code for interpleader trials.
Courtroom Practice & Strategic Litigation Guidance:

If rival heirs serve conflicting rent demands, file an Interpleader Suit under Section 88 read with Order 35 CPC depositing rent in court; the court will award your costs and dismiss you from the litigation, leaving the heirs to fight among themselves.