Order XXXV: Interpleader

Code of Civil Procedure • First Schedule Official Statutory Text & Practice Guide

Statutory Civil Practice
Mandatory Procedure
Competent Civil Court
First Schedule

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.

  • Plaint Specifications [R. 1]: Plaint must state: (a) plaintiff claims no interest other than charges or costs, (b) defendants claim adversely, and (c) there is no collusion between plaintiff and any defendants.
  • Payment of Thing Claimed into Court [R. 2]: Where the thing claimed is capable of being paid into court or placed in custody, plaintiff may be required to pay or place it before any order is made.
  • First Hearing Procedure [R. 4]: At first hearing, court may: (a) declare plaintiff discharged from all liability, award his costs, and dismiss him from suit, or (b) if justice requires, retain all parties until final decree.
  • Agents & Tenants Bar [R. 5]: Agents cannot sue their principals, nor tenants their landlords, for the purpose of compelling them to interplead with persons claiming adverse title.
Key Landmark Precedents:
  • R.V. Bhupal Prasad v. State of A.P., (1995) 5 SCC 698: The Supreme Court held that Order 35 provides a complete procedure for disinterested stakeholders to escape litigation by surrendering the res to court custody.
  • Salem Advocate Bar Association (I) v. Union of India, (2003) 1 SCC 49: Affirmed that the bar under Order 35 Rule 5 prevents tenants from disputing their landlord's title through interpleader actions, harmonizing with Section 116 Indian Evidence Act.
Courtroom Practice & Strategic Litigation Guidance:

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).