1. Plaint in interpleader-suit.
In every suit of interpleader the plaint shall, in addition to the other
statements necessary for plaints, state—
(a) that the plaintiff claims no interest in the subject-matter in dispute other than for
charges or costs;
(b) the claims made by the defendants severally; and
(c) that there is no collusion between the plaintiff and any of the defendants.
2. Payment of thing claimed into Court.
Where the thing claimed is capable of being paid into
Court or placed in the custody of the Court, the plaintiff may be required to so pay or place it before he
can be entitled to any order in the suit.
3. Procedure where defendant is suing plaintiff.
Where any of the defendants in an
interpleader-suit is actually suing the plaintiff in respect the subject-matter of such suit, the Court in
which the suit against the plaintiff is pending shall, on being informed by the Court in which the
interpleader-suit has been instituted, stay the proceedings as against him; and his costs in the suit so
stayed may be provided for in such suit; but if, and in so far as, they are not provided for in that suit,
they may be added to his costs incurred in the interpleader-suit.
1. Subs. by Act 21 of 1929, s. 7, for rule 15.
2. Rule 15 renumbered as sub-rule (1) by Act 104 of 1976, s. 82 (w.e.f. 1-2-1977).
3. Ins. by s. 82, ibid. (w.e.f. 1-2-1977).
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4. Procedure at first hearing.
(1) At the first hearing the Court may—
(a) declare that the plaintiff is discharged from all liability to the defendants in respect of the
thing claimed, award him his costs, and dismiss him from the suit; or
(b) if it thinks that justice or convenience so require, retain all parties until the final disposal of
the suit.
(2) Where the Court finds that the admission of the parties or other evidence enable it to do so, it may
adjudicate the title to the thing claimed.
(3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct—
(a) that an issue or issues between the parties be framed and tried, and
(b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff,
and shall proceed to try the suit in the ordinary, manner.
5. Agents and tenants may not institute interpleader suits.
Nothing in this Order shall be deemed
to enable agents to sue their principals, or tenants to sue their landlords, for the purpose of compelling
them to interplead with any persons other than persons making claim through such principals or landlords.
Illustrations
(a) A deposits a box of jewels with B as his agent. C alleges 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 in interpleader-suit against A and C.
6. Charge for plaintiff’s costs.
Where the suit is properly instituted the Court may provide for the
costs of the original plaintiff by giving him a charge on the thing claimed or in some other effectual way.