Draft a Plaint in an Interpleader Suit – Sample

In the Court of the Munsif at Allahabad.

Suit No. of 1951.

A, son of B, caste Khatri, resident of Chowk,

Allahabad ………………. Plaintiff

v.

X, son of Y, caste Kayastha, resident of Katra, Allahabad Defendant No. 1

And

W, widow of G, caste Kayastha, resident of Katra, Allahabad Defendant No. 2.

The plaintiff aforesaid begs to state as under:

1. That on the 15th of January, 1951, one G deposited with the plaintiff for safe custody a box of jewellery.

2. That the said G died on the 10th of June, 1951.

3. That defendant No. 1 claims the said box of jewellery from the plaintiff as the adopted son of the deceased G.

4. That defendant No. 2 also lays claim to the said box as the widow of the said G and denies the adoption of defendant No. 1, X.

5. That the plaintiff has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such person as the court shall direct.

6. That the plaintiff is ignorant of the respective rights of the defendants.

7. That there is no collusion between the plaintiff and either of the defendants.

8. That the cause of action for the suit arose on the 12th of June, 1951, when both the defendants X and W claimed the box of jewellery.

9. That the defendants reside at Allahabad, within the jurisdiction of the court.

10. That the valuation of the suit for purpose of jurisdiction is Rs. 2,000 and the suit being for a mere declaration the plaint is stamped with a court-fee of Rs only.

Relief:

It is, therefore, prayed—

(1) That the defendants be restrained by an injunction from taking any proceedings against the plaintiff in relation to the said box of jewellery;

(2) That they be required to interplead together concerning their claim to the said box and it may be declared which of the defendants is entitled to the said box;

(3) That some person be authorised to receive the said box pending such litigation; and

(4) That upon delivery of the said box to such person or depositing the same in court, the plaintiff be discharged from all liability to either of the defendants in relation thereto.

Sd. A.

(Plaintiff.)

I, A, declare that the contents of paragraphs 1 to 7 of the above plaint are true to my personal knowledge and the contents of paragraphs No. 8 to 10 are believed by me on information received to be correct.

Verified at Allahabad this 20th day of June. 1951.

Sd. A.

(Plaintiff.)

Sd. B.N. Mehrotra,

Advocate.

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