CPC Section 88 — Where interpleader-suit may be instituted

Civil

Summary

If two or more people are each claiming the same debt, money, or property from a person who does not want it for themselves except to cover their own costs, and that person is willing to give it to the rightful owner, that person can file a single lawsuit called an interpleader suit. The purpose of this suit is to ask the court to decide who should receive the money or property, and to protect the person holding it from being sued by the other claimants. However, this type of suit cannot be filed if another lawsuit is already going on where the rights of all the claimants can be properly decided.

Official Text

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.