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Interpleader

CHAPTER  2. INTERPLEADER

Art. 293- Definition
A suit of inter pleader is a suit wherein a person in possession of property or owing money which is or may be claimed adversely by two or more persons, to one or other of whom alone he can be liable seeks to be relieved from liability to the claimants, or either of them, with regard to the disposition of such property or money.

Art. 294- Statement of claim in interpleader suit
A suit of interpleader shall be instituted by filing, upon payment of the prescribed court fee, a statement of claim which shall, in addition to the particulars required by Art. 22, 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 thee is no collusion between plaintiff and any of the defendants.
Art. 295- Payment of thing claimed into court
Where the sting 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.

Art. 296- Defendant suing plaintiff
Where any of the defendants in an interpleader-suit is actually sung the plaintiff in respect of the subject-matter of such suit, the court in which the suit against the plaintiff is pending shall, on being informed by the court in which the interpleder-suit has been instituted, stay the proceedings as against him; and his costs in the suit so stayed may be provided for in such suit; but if, and n so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleder-suit.

Art. 297- Procedure at first hearing
(1)    At the first hearing the court may:
(a)    declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit; or
(b)    if it thinks that justice or convenience so require, retain all parties until the final disposal of the suit.
(2)    Where the court finds that the admissions of the parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed.
(3)    Where the admissions of the parties do not enable the court so to adjudicate, it may direct;
(a)    that an issue or issues between the parties be framed and tried; and
(b)    that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff.
and shall proceed to try the suit in the ordinary manner.

Art. 298- Agents and tenants may not institute interpleader-suits
Nothing in this Chapter shall be deemed to enable the agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any person others than persons making claim through such principals or landlords.

Art. 299- Deposit in registry
(1)    Nothing in the preceding Articles shall prevent a person who seeks to be relieved from liability at any time before or after the institution of a suit, from giving notice to any person or persons entitled thereto to accept any sup of money or other property.
(2)    Where such notice is not answered, such person may deposit against receipt such sum of money or other property in the registry of any court or of the court in which the suit is pending, ad the case may be, after deducting his costs and charges, if any.
(3)    On making a deposit under sub-art (2), the depositor shall give the registrar an affidavit showing the reasons for the deposit and deductions, if any, and stating that notice under sub-art
(1)    has been given but not answered, and a copy of the affidavit shall be served on the person or persons concerned in the same manner as a summons.
(4)    Any sum of money or other property deposited under sub-art
(2)    may at any time be withdrawn by any person who on application satisfies the court that he is entitled thereto.