Interpleader MCQ Quiz - Objective Question with Answer for Interpleader - Download Free PDF

The correct option is Option 4.

Key Points

• Order 35, Rule 5 CPC:- Agents and tenants may not institute interpleader suits.
  • "Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, to compel them to interplead with any person other than persons claiming such principals or landlords."
• Illustrations-
  • 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. 
  • A deposits a box of jewels with B as his agent. He then writes to C to make 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.

Additional Information

• Order XXXV Rule 4 addresses the procedure at the first hearing of an interpleader suit.
• Order XXXV Rule 3: Procedure where Defendant is Suing the Plaintiff in an Interpleader Suit.
• Section 88 CPC: Where interpleader suit may be reinstituted.
• Section 90 CPC: Power to state the case for the opinion of the Court.

The correct option is defendants.

Key Points

• An interpleader suit is a legal remedy provided under the Civil Procedure Code when a person holding money or property is faced with conflicting claims from two or more parties.
• The purpose of an interpleader suit is to avoid multiple legal actions and to allow the conflicting claimants to litigate and determine their rights among themselves.
• Order 35 of the CPC deals with "Interpleader."
• The relevant sections in the Civil Procedure Code that deal with interpleader suits are primarily Sections 88.
• Section 88:
  • Where interpleader suit may be instituted:
    • Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
      Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

The Correct answer is Section 88

Key Points Section 88 in conjunction with Order XXXV of the Code of Civil Procedure, 1908 pertains to interpleader suits.

• An interpleader suit is distinct in that the core dispute does not involve the plaintiff and the defendant; rather, it revolves solely around conflicts between the defendants.
• In this type of legal action, the defendants engage in inter-pleading against each other.
• The distinguishing feature of an interpleader suit lies in the fact that the plaintiff has no genuine interest in the subject-matter under contention.

The correct option is Option 4.

Key Points

• Order 35, Rule 5 CPC:- Agents and tenants may not institute interpleader suits.
  • "Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, to compel them to interplead with any person other than persons claiming such principals or landlords."
• Illustrations-
  • 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. 
  • A deposits a box of jewels with B as his agent. He then writes to C to make 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.

Additional Information

• Order XXXV Rule 4 addresses the procedure at the first hearing of an interpleader suit.
• Order XXXV Rule 3: Procedure where Defendant is Suing the Plaintiff in an Interpleader Suit.
• Section 88 CPC: Where interpleader suit may be reinstituted.
• Section 90 CPC: Power to state the case for the opinion of the Court.

The correct answer is Option 2. 

Key Points Interpleader suits are covered in Section 88 and Order XXXV of the Code of Civil Procedure, 1908. 

•  An interpleader suit is when a plaintiff files a suit on behalf of a defendant to determine the actual owner of a property. The plaintiff is not the real owner of the property. 
• In an interpleader suit, the dispute is between defendants who interplead against each other. The plaintiff must state that they have no interest in the matter, except for charges or expenses. There should be no collaboration between the plaintiff and any of the defendants.  

The correct option is Option 4.

Key Points

• Order 35, Rule 5 CPC:- Agents and tenants may not institute interpleader suits.
  • "Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, to compel them to interplead with any person other than persons claiming such principals or landlords."
• Illustrations-
  • 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. 
  • A deposits a box of jewels with B as his agent. He then writes to C to make 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.

Additional Information

• Order XXXV Rule 4 addresses the procedure at the first hearing of an interpleader suit.
• Order XXXV Rule 3: Procedure where Defendant is Suing the Plaintiff in an Interpleader Suit.
• Section 88 CPC: Where interpleader suit may be reinstituted.
• Section 90 CPC: Power to state the case for the opinion of the Court.

The Correct answer is Section 88

Key Points Section 88 in conjunction with Order XXXV of the Code of Civil Procedure, 1908 pertains to interpleader suits.

• An interpleader suit is distinct in that the core dispute does not involve the plaintiff and the defendant; rather, it revolves solely around conflicts between the defendants.
• In this type of legal action, the defendants engage in inter-pleading against each other.
• The distinguishing feature of an interpleader suit lies in the fact that the plaintiff has no genuine interest in the subject-matter under contention.

The correct option is Option 4.

Key Points

• Order 35, Rule 5 CPC:- Agents and tenants may not institute interpleader suits.
  • "Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, to compel them to interplead with any person other than persons claiming such principals or landlords."
• Illustrations-
  • 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. 
  • A deposits a box of jewels with B as his agent. He then writes to C to make 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.

Additional Information

• Order XXXV Rule 4 addresses the procedure at the first hearing of an interpleader suit.
• Order XXXV Rule 3: Procedure where Defendant is Suing the Plaintiff in an Interpleader Suit.
• Section 88 CPC: Where interpleader suit may be reinstituted.
• Section 90 CPC: Power to state the case for the opinion of the Court.

The correct answer is Order 35 

Key Points

• An interpleader suit is filed by a person who holds money or property but does not claim any interest in it and is facing rival claims from two or more parties.
• The purpose is to compel the claimants to litigate among themselves, so the stakeholder is protected from multiple liabilities.
• Key Details:
  • Order 35 of the Code of Civil Procedure, 1908 specifically deals with:
    • Who may file an interpleader suit
    • Conditions for filing
    • Procedure to follow
    • Relief available to the plaintiff

Additional Information

• Order 50 – No such order exists in CPC.
• Order 55 – No such order in CPC for interpleader suits.
• Order 40 – Relates to the appointment of a receiver, not interpleader suits.

The correct option is Option 4.

Key Points

• Order 35, Rule 5 CPC:- Agents and tenants may not institute interpleader suits.
  • "Nothing in the Order shall be deemed to enable agents to sue their principles, or tenants to sue their landlords, to compel them to interplead with any person other than persons claiming such principals or landlords."
• Illustrations-
  • 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. 
  • A deposits a box of jewels with B as his agent. He then writes to C to make 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.

Additional Information

• Order XXXV Rule 4 addresses the procedure at the first hearing of an interpleader suit.
• Order XXXV Rule 3: Procedure where Defendant is Suing the Plaintiff in an Interpleader Suit.
• Section 88 CPC: Where interpleader suit may be reinstituted.
• Section 90 CPC: Power to state the case for the opinion of the Court.

The correct option is defendants.

Key Points

• An interpleader suit is a legal remedy provided under the Civil Procedure Code when a person holding money or property is faced with conflicting claims from two or more parties.
• The purpose of an interpleader suit is to avoid multiple legal actions and to allow the conflicting claimants to litigate and determine their rights among themselves.
• Order 35 of the CPC deals with "Interpleader."
• The relevant sections in the Civil Procedure Code that deal with interpleader suits are primarily Sections 88.
• Section 88:
  • Where interpleader suit may be instituted:
    • Where two or more persons claim adversely to one another the same debts, sum of money or other property, movable or immovable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself:
      Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

The Correct answer is Section 88

Key Points Section 88 in conjunction with Order XXXV of the Code of Civil Procedure, 1908 pertains to interpleader suits.

• An interpleader suit is distinct in that the core dispute does not involve the plaintiff and the defendant; rather, it revolves solely around conflicts between the defendants.
• In this type of legal action, the defendants engage in inter-pleading against each other.
• The distinguishing feature of an interpleader suit lies in the fact that the plaintiff has no genuine interest in the subject-matter under contention.

Explanation: Proviso to Sec 88 Civil procedure code tells that if there is any suit pending in which right of all the parties can properly be decided, no Interpleader suit shall be instituted. Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted.

The correct answer is Option 2. 

Key Points Interpleader suits are covered in Section 88 and Order XXXV of the Code of Civil Procedure, 1908. 

•  An interpleader suit is when a plaintiff files a suit on behalf of a defendant to determine the actual owner of a property. The plaintiff is not the real owner of the property. 
• In an interpleader suit, the dispute is between defendants who interplead against each other. The plaintiff must state that they have no interest in the matter, except for charges or expenses. There should be no collaboration between the plaintiff and any of the defendants.  

The correct answer is Option 3.

Key Points

• A is in possession of property claimed by B and C adversely. A does not claim any interest in the property and is ready to deliver it to the rightful owner. A can institute Interpleader suit.
• An interpleader suit is a legal action initiated by a person or entity holding property, funds, or assets that are claimed by two or more conflicting parties. An interpleader suit is filed when the party holding the property has no interest in it, except for potential charges or costs and seeks to avoid liability or multiple lawsuits.
  • Section 88 and Order XXXV of the Code of Civil Procedure, 1908 encompass the provisions governing Interpleader suits.
  • Hanumanth Vajhula Jagannadha v. Vajhula Annapurna Rajesswaramma
    • This case deals with excess execution questions, where property not covered by the decree is delivered in execution of the decree. The court clarified that in such situations, an appeal under Section 47 of the Code of Civil Procedure is the appropriate recourse for the judgment debtor to recover the property that was delivered in excess of the decree. It emphasises that a separate action is not necessary in such cases.