Not intersted to file inter pleader suit -need other options
ROJA shree
(Querist) 20 January 2013
This query is : Resolved
. There is a civil case pending regarding declaration of title, of undivided paternal ancestral property inherited from paternal grand father located in Kerala.. I am one of the plaintiff and there are 3 other plaintiffs and one respondent. Two other plaintiff who are with me ( my sisters ), are not co-operating to conduct the case. Am not interested to files inter – pleader suit, as they will receive summons.
So can I file a petition in Court stating that, I will myself, deal the case on behalf of all the plaintiff , and to ignore the remaining plaintiff? , If not pls let me know other option.
Which provision , it attracts under CPC ?
prabhakar singh
(Expert) 20 January 2013
Do you really understand what an inter pleader suit is?
ROJA shree
(Querist) 20 January 2013
Sir,
Yes.. Inter-pleader suit is usually filed when dispute aroses bewtn 2 or more plaintiffs or betwn 2 or more defendants ..
If not pls let me know sir
prabhakar singh
(Expert) 20 January 2013
You are really laboring in misunderstanding of the things and sorry!you do not really know it.
Inter-pleader suit is a suit filed by a person who has no direct interest in the subject-matter of the suit.
It is a suit filed by a third party (the plaintiff) in the court to have adjudication of the rival claims of the defendants over some article, money or property.
In other words if the plaintiff is in possession of some article, things or property (in which he is not having direct interest or he may be a custodian or stake holder) and if he is in a delima over the rivals claims of the defendants, he may file inter-pleader suit in the competent court to have determination as to who is the actual owner of SUCH article, things or property.
Inter-pleader suit is governed by Order 35 of the Code of Civil Procedure, 1908.Order 35 Rule 1 lays that in an Inter-pleader suit the plaintiff must state that he has not direct interest in the subject matter and that there is there is no collusion between the plaintiff and the defendant.Inter-pleader suits cannot be filed by tenants or by agents so as to make their landlords or principals interplead with persons who have not claimed through such landlords or principals.
NOW TEST ON FACTS YOU HAVE,IF YOUR THINKING AND UNDERSTANDING IS CORRECT?????
prabhakar singh
(Expert) 20 January 2013
IN GIVEN CIRCUMSTANCES WHEN YOUR SISTERS HAVE
SIGNED THE PLAINT WHAT IS THE EXACT HURDLE YOU ARE FACING FROM THEM WHICH YOU BRAND " not co-operating to conduct the case."
ARE THEY SIMPLY DECLINE TO BEAR DATE TO DATE EXPENDITURE ONLY OR YOU FEAR THEY SHALL SPEAK
AGAINST YOUR INTEREST.
IF EXPENDITURE IS THE ISSUE,IGNORE IT AND PROCEED WITH THE CASE AS I SEE NO HARDSHIP.
BUT IN CASE YOU FEAR THEM TO GO AGAINST YOUR INTEREST THEN YOU DO NEED TO TRANSPOSE THEM AS DEFENDANT WHICH IS QUITE POSSIBLE AS IN A PARTITION SUIT EVERY ONE IS PLAINTIFF TO THE EXTENT OF HIS SHARE AND CAN SEEK TRANSPOSITION.
Raj Kumar Makkad
(Expert) 20 January 2013
I do agree with the advice of Mr. singh.
