Question

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.

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 NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 01 Q. NO. 1 TO 40)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 17 Q. NO. 641 TO 680)

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THE LIMITATION ACT, 1963 (PAPER 01 Q. NO. 1 TO 40)

THE CHHATTISGARH LAND REVENUE CODE, 1959 (PAPER 01 Q. NO. 1 TO 11)

THE INDIAN CONTRACT ACT, 1872 (PAPER – 06 Q. NO. 176 TO 210)

THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 04 Q. NO. 121 TO 135)

THE INDIAN EVIDENCE ACT, 1872 (PAPER – 01 Q. NO. 01 TO 40)

THE ARBITRATION AND CONCILIATION ACT, 1996 (PAPER 01 Q. NO. 1 TO 30)

THE ADVOCATES ACT, 1961 (PAPER 01 Q. NO. 1 TO 10)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 21 Q. NO. 801 TO 840)

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THE INDIAN EVIDENCE ACT, 1872 (PAPER – 05 Q. NO. 161 TO 200)

THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 (PAPER -01 Q. NO. 1 TO 14)

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THE NEGOTIABLE INSTRUMENTS ACT, 1881 (PAPER 03 Q. NO. 81 TO 120)

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

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

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THE HINDU ADOPTION AND MAINTENANCE ACT, 1956 (PAPER 02 Q. NO. 31 TO 39)

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THE COURT FEES ACT, 1870 (PAPER 01 Q. NO. 1 TO 7)

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THE SPECIAL MARRIAGE ACT, 1954 (PAPER 01 Q. NO. 1 TO 10)

THE CODE OF CRIMINAL PROCEDURE, 1973 (PAPER – 14 Q. NO. 521 TO 560)

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

THE MADHYA PRADESH ACCOMODATION CONTROL ACT, 1961 (PAPER 02 Q. NO. 31 TO 49)

THE LAW OF TORTS (PAPER 01 Q. NO. 1 TO 45)

THE CODE OF CIVIL PROCEDURE, 1908 (PAPER – 04 Q. NO. 121 TO 160)

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THE INDIAN CONTRACT ACT, 1872 (PAPER – 04 Q. NO. 106 TO 140)