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Legal Yojana

INTERPLEADER SUIT

INTERPLEADER SUIT

IN THE COURT OF THE....................

Suit No..................... of 19....................

C. D.................................................................... Plaintiff

versus 

C. F................................................................. Defendant

The abovenamed plaintiff most respectfully submits as under: —

1. Before the date of the claims hereinafter mentioned.................... deposited with the plaintiff (describe the property) for (safe keeping).

2. The defendant.................... claims the same (under an alleged assignment thereof to him from.................... ).

3. The defendant.................... also claims the same (under an order of.................... transferring the same to him).

4. The plaintiff is ignorant of the respective rights of the defendants.

5. He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the Court shall direct.

6. The suit is not brought by collusion with either of the defendants.

7. The cause of action arose on.................... 19.................... when the defendant No. 1 claimed the property as assigned to him, and this Court has jurisdiction to try the suit.

8. The suit is valued at Rs..................... the market value of the property, and Court fee is paid thereon.

RELIEFS CLAIMED:

The plaintiff claims —

(1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;

(2) that they be required to interplead together concerning their claims to the said property;

(3) that some person be authorised to receive the said property pending such litigation;

(4) that upon delivering the same to such person the plaintiff be discharged from all liability to either of the defendants in relation thereto.

It is prayed accordingly.

Plaintiff

Through Advocate

VERIFICATION

I, abovenamed plaintiff, do hereby verify that the contents of paras .................... to.................... of the plaint are true to my personal knowledge and those of paras.................... and.................... thereof are based on legal advice which I believe to be true.

Verified on this................. day of.................... 19.................... at....................

Plaintiff


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