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 suit.

Option A: Friendly

Option B: Caveat

Option C: Interpleader

Option D: Restitution

Correct Answer

Option: c

Explanation

Section 88 of the Civil Procedure Code, 1908 states that 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.

Sample Mock Tests for Practice

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 16 Q. NO. 601 TO 640)

DELHI LOWER JUDICIAL SERVICES 2018-2

AIBE-XII-2018-I (BCI-JUN-2018-SET-A) (ALL INDIA BAR EXAM 2018-I)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 05 Q. NO. 141 TO 175)

THE LAW OF TORTS (PAPER 03 Q. NO. 91 TO 135)

DELHI LOWER JUDICIARY 2010

CLAT 2015

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 05 Q.NO. 161 TO 200)

THE CONSTITUTION OF INDIA, 1949 (PAPER – 11 Q. NO. 351 TO 385)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 01 Q. NO. 1 TO 40)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2009

THE INDIAN CONTRACT ACT, 1872 (PAPER – 16 Q. NO. 526 TO 560)

HIMACHAL PARDESH LOWER JUDICIAL SERVICES 2016-2

THE CONSTITUTION OF INDIA, 1949 (PAPER – 09 Q. NO. 281 TO 315)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 11 Q. NO. 351 TO 385)

THE LIMITATION ACT, 1963 (PAPER 04 Q. NO. 121 TO 160)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 07 Q. NO. 241 TO 280)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 02 Q. NO. 36 TO 70)

THE LIMITATION ACT, 1963 (PAPER 07 Q. NO. 241 TO 269)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 15 Q. NO. 561 TO 600)

PUNJAB LOWER JUDICIAL SERVICES 2019

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 21 Q. NO. 801 TO 840)

HARYANA LOWER JUDICIAL SERVICES 2021

THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (PAPER 01 Q. NO. 1 TO 13)

THE TRANSFER OF PROPERTY ACT, 1882 (PAPER 06 Q.NO. 201 TO 240)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 05 Q. NO. 161 TO 200)

The Hindu Marriage Act, 1955 (Paper 01: Q. 1 to 25)

THE HIMACHAL PRADESH URBAN RENT CONTROL ACT, 1987 (PAPER 02 Q. NO. 31 TO 60)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 11 Q. NO. 401 TO 440)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 14 Q. NO. 521 TO 560)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 10 Q. NO. 361 TO 400)

UTTAR PARDESH LOWER JUDICIAL SERVICES G.K. EXAM 2018

G.K. ENGLISH – 01 GGSSS BNL

AILET – National Law University Delhi Entrance Test (NLU 2022)

DELHI LOWER JUDICIARY 2008

THE INDIAN CONTRACT ACT, 1872 (PAPER – 18 Q. NO. 596 TO 636)