1923_CODE_OF_CIVIL_PROCEDURE — Page 130

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1243

CHAPTER XXIII.

INTERPLEADER.

525. Relief by way of interpleader may be granted-

Cases in which relief granted.

(1) where the person seeking relief (in this Chapter called the applicant) is under liability for any debt or movable property for or in respect of which he is, or expects to be, sued by two or more parties (in this Chapter called the claimants) making adverse claims thereto; and

(2) where the applicant is the bailiff and claim is made to any movable property taken or intended to be taken in execution under any process, or to the proceeds or value of any such movable property, by any person other than the person against whom the process issued.

526. The applicant must satisfy the court, by affidavit or otherwise,-

Matters to be proved by applicant. O. 57, r. 2.

(1) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and

(2) that the applicant does not collude with any of the claimants; and

(3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct.

Form No. 40.

527. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another.

528. Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons.

O. 57, r. 4.

529. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them.

O. 57, r. 5.

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1243 CHAPTER XXIII. INTERPLEADER. 525. Relief by way of interpleader may be granted- Cases in which relief granted. (1) where the person seeking relief (in this Chapter called the applicant) is under liability for any debt or movable property for or in respect of which he is, or expects to be, sued by two or more parties (in this Chapter called the claimants) making adverse claims thereto; and (2) where the applicant is the bailiff and claim is made to any movable property taken or intended to be taken in execution under any process, or to the proceeds or value of any such movable property, by any person other than the person against whom the process issued. 526. The applicant must satisfy the court, by affidavit or otherwise,- Matters to be proved by applicant. O. 57, r. 2. (1) that the applicant claims no interest in the subject-matter in dispute, other than for charges or costs; and (2) that the applicant does not collude with any of the claimants; and (3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from possession in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct. Form No. 40. 527. The applicant shall not be disentitled to relief by reason only that the titles of the claimants have not a common origin, but are adverse to and independent of one another. 528. Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons. O. 57, r. 4. 529. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims, and either to maintain or relinquish them. O. 57, r. 5. Page 130 Page 131

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CODE OF CIVIL PROCEDURE. No. 3 of 1901. 1243 CHAPTER XXIII, INTERPLEADER. 525. Relief by way of interpleader may be granted- Cases in which relief granted. (1) where the person seeking relief (in this Chapter called by inter- the applicant) is under liability for any debt or movable leader property for or in respect of which he is, or expects to be, Ŏ. 57, r. 1. sued by two or more parties (in this Chapter called the claimants) making adverse claims thereto; and (2) where the applicant is the bailiff and claim is made to any movable property taken or intended to be taken in execution under any process, or to the proceeds or value of any such movable property, by any person other than the person against whom the process issued. 526. The applicant must satisfy the court, by affidavit or Matters to be otherwise,- proved by applicant. O. 57, r. 2. (1) that the applicant claims no interest in the subject- Schedule. matter in dispute, other than for charges or costs; and (2) that the applicant does not collude with any of the claimants; and (3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from posses- sion in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct. Form No. 40. 527. The applicant shall not be disentitled to relief by Adverse titlos reason only that the titles of the claimants have not a of claimants common origin, but are adverse to and independent of one another. 528. Where the applicant is a defendant, application for Application relief may be made at any time after service of the writ of by defendant. summons. 0. 57, r. 4. 529. The applicant may take out a summons calling on Summons by the claimants to appear and state the nature and particulars applicant. of their claims, and either to maintain or relinquish them. 0. 57, r. 5. Page 130Page 131

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CODE OF CIVIL PROCEDURE.

No. 3 of 1901.

1243

CHAPTER XXIII,

INTERPLEADER.

525. Relief by way of interpleader may be granted-

Cases in which relief

granted.

(1) where the person seeking relief (in this Chapter called by inter- the applicant) is under liability for any debt or movable leader property for or in respect of which he is, or expects to be, Ŏ. 57, r. 1. sued by two or more parties (in this Chapter called the claimants) making adverse claims thereto; and

526. The applicant must satisfy the court, by affidavit or Matters to be otherwise,-

proved by applicant. O. 57, r. 2.

(1) that the applicant claims no interest in the subject- Schedule. matter in dispute, other than for charges or costs; and

(2) that the applicant does not collude with any of the claimants; and

(3) that the applicant, except where he is the bailiff and has seized movable property and has withdrawn from posses- sion in consequence of the execution creditor admitting the claim of the claimant, is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct.

Form No. 40.

527. The applicant shall not be disentitled to relief by Adverse titlos reason only that the titles of the claimants have not a of claimants common origin, but are adverse to and independent of one another.

528. Where the applicant is a defendant, application for Application relief may be made at any time after service of the writ of by defendant.

summons.

0. 57, r. 4.

529. The applicant may take out a summons calling on Summons by the claimants to appear and state the nature and particulars applicant. of their claims, and either to maintain or relinquish them. 0. 57, r. 5.

1923_CODE_OF_CIVIL_PROCEDURE — Page 130

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