Rule 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.
Rule 2.
Payment of thing claimed into Court
Where the thing claimed is capable of being paid into Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he can be entitled to any order in the suit.
Rule 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.
Illustrations:
(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 an interpleader-suit against A and C.
Legal Commentary & Landmark Judgments: Order 35
Order XXXV regulates the procedural trial of interpleader suits instituted under Section 88, providing for the immediate deposit of property in court, discharge of the plaintiff, and trial of rival claims between defendants.
A tenant cannot file an interpleader suit against their landlord to resolve a third-party title dispute due to the bar in Order 35 Rule 5; interpleader is available only when rival parties claim through the same landlord (e.g., competing legal heirs).