CHAPTER XXXIII. When in INTERPLEADER. 470. When two or more persons claim adversely to one terpleader another the same payment or property 1 from another person, suit may be instituted. whose only interest therein is that of a mere stakeholder2 and Plaint in such suit. Payment claimed who is ready to render it to the right owner3, such stakeholder may institute a suit of interpleader against all the claimants for the purpose of obtaining a decision as to whom the payment or property should be made or delivered, and of obtaining indemnity for himself : Provided that if any suit is pending in which the rights of all parties can properly be decided, the stakeholder shall not institute a suit of interpleader. 471. In every suit of interpleader the plaint must, in addition to the other statements necessary for plaints, state(a) that the plaintiff has no interest in the thing claimed otherwise than as a mere stakeholder; () the claims made by the defendants severally; and (c) that there is no collusion between the plaintiff and any of the defendants 5. 472. When the thing claimed is capable of being paid of thing into court or placed in the custody of the Court, the plaintiff into Court. must so pay or place it before he can be entitled to any order in the suit. Procedure at first hearing. 473. At the first hearing the Court may (a) declare that the plaintiff is discharged from all liability 1 This probably means only moveable property. 2 It has been held in England that a lien for charges and costs is not such an interest in the subject-matter as to deprive the stakeholder of his right to relief, Best v. Hayes, 1 H. & C. 718; see, too, Attenborough v. St. Katharine's Dock Co., 3 C. P. D. 450, where the stakeholder had issued dockwarrants for the property, and Tanner v. European Bank, L. R., 1 Ex. 261, where he was under a special contractual obligation to one of the defendants. 3 This assumes that the stakeholder is in possession, see Burnett v. Anderson, I Mer. 405. 4 See sec. 50 supra, pp. 493-494. 5 As to what is collusion in a stakeholder, see Thompson v. Wright, 13 Q. B. D. 632. to the defendants in respect of the thing claimed, award him his costs 1, and dismiss him from the suit; or, if it thinks that justice or convenience so require, (6) retain all parties until the final disposal of the suit; and, if it finds that the admissions of the parties or other evidence enable it, (c) adjudicate the title to the thing claimed: or else it may (d) direct the defendants to interplead one another by filing statements and entering into evidence for the purpose of bringing their respective claims before the Court, and shall adjudicate on such claims 2. agents and 474. Nothing in this chapter shall be taken to enable When agents to sue their principals 3, or tenants to sue their landlords, tenants for the purpose of compelling them to interplead with any may instipersons other than persons making claim through such prin- pleadercipals or landlords 4. Illustrations. (a) A deposits a box of jewels with B as his agent. Calleges that the jewels were wrongfully obtained from him by A, and claims them from B. B cannot institute an interpleader-suit against A and C. (b) A deposits a box of jewels with B as his agent. He then writes to C for the purpose of making the jewels a security for a debt due from himself to C. A afterwards alleges that C's debt is satisfied, and C alleges the contrary. Both claim the jewels from B. B may institute an interpleader-suit against A and C. tute inter suits. 475. When the suit is properly instituted, the Court may Charge of provide for the plaintiff's costs by giving him a charge on the plaintiff's thing claimed or in some other effectual way. costs. where defendant is 476. If any of the defendants in an interpleader-suit is Procedure actually suing the stakeholder in respect of the subject of such suit, the Court in which the suit against the stake- suing holder is pending shall, on being duly informed by the Court holder. The stakeholder has his costs out of the fund [see sec. 475, infra], and the defendant in the wrong has then to indemnify the defendant entitled to the fund, Laing v. Zeden, L. R., 9 Ch. App. 738, per James L.J. Orders under this section, clause (a), (b) or (d), are appealable, sec. 588, 3 But see Suart v. Welch, 4 My. & 4 Clarke v. Byne, 13 Ves. 383. stake Costs. which passed the decree in the interpleader-suit in favour of the stakeholder that such decree has been passed, stay the proceedings as against him 1; and his costs in the suit so stayed may be provided for in such suit; but if, and so far as, they are not provided for in that suit, they may be added to his costs incurred in the interpleader-suit 2. That the stakeholder may in his interpleader-suit obtain an injunction to stay proceedings against him, see Prudential Assurance Co. v. Thomas, 3 Ch. App. 74. 2 Orders under this section are appealable, sec. 588, cl. (23), infra, PART IV. PROVISIONAL REMEDIES. CHAPTER XXXIV. OF ARREST AND ATTACHMENT BEFORE JUDGMENT 1. A.-Arrest before Judgment. 477. If at any stage of any suit, other than a suit for the When possession of immoveable property, the plaintiff satisfies the plaintiff Court by affidavit or otherwise— may apply that secu rity be that the defendant, with intent to avoid or delay the taken. plaintiff, or to avoid any process of the Court, or to obstruct or delay the execution of any decree that may be passed against him, (a) has absconded or left the jurisdiction of the Court, or () is about to abscond or to leave the jurisdiction of the Court, or (c) has disposed of or removed from the jurisdiction of the Court his property or any part thereof, or that the defendant is about to leave British India under circumstances affording reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree that may be passed against the defendant in the suit 2, the plaintiff may apply to the Court that security be taken for the appearance of the defendant to answer any decree that may be passed against him in the suit. bring up defendant 478. If the Court, after examining the applicant, and Order to making such further investigation as it thinks fit, is satisfiedthat the defendant, with any such intent as aforesaid, (a) has absconded or left the jurisdiction of the Court, or 1 See infra, sec. 648. 22 N.W. P. 358: 14 Cal. 695, 700. to show cause why he should not give security. If defendant fail to Court may (b) is about to abscond or to leave the jurisdiction of the Court, or (c) has disposed of or removed from the jurisdiction of the Court his property or any part thereof, or that the defendant is about to leave British India under the circumstances last aforesaid, the Court may issue a warrant1 to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance 3. 479. If the defendant fail to show such cause, the Court shall order him either to deposit in court money or other show cause, property sufficient to answer the claim against him, or to order him give security for his appearance at any time when called upon while the suit is pending, and until execution or satisfaction of any decree that may be passed against him in the suit. to make deposit or give security. Procedure in case of application by surety to be discharged. Procedure The surety shall bind himself, in default of such appearance, to pay any sum of money which the defendant may be ordered to pay in the suit. 480. The surety for the appearance of the defendant may at any time apply to the Court in which he became such surety to be discharged from his obligation. On such application being made, the Court shall summon the defendant to appear, or, if it thinks fit, may issue a warrant for his arrest in the first instance. On the appearance of the defendant, pursuant to the summons or warrant, or on his voluntary surrender, the Court shall direct the surety to be discharged from his obligation, and shall call upon the defendant to find fresh security 5. 481. If the defendant fail to comply with any order under where de- section 479 or section 480, the Court may commit him to jail until the decision of the suit, or, if judgment be given against fendant fails to 1 See form, sched. IV, no. 158. s If a creditor, without reasonable an injury for which he must make compensation, 1 N.W. P. 91. Such orders are appealable, sec. 588, cl. (24), infra. 5 Orders under this section are appealable, sec. 588, cl. (24). |