Rule 5 of CPC : Rule 5: Agents and tenants may not institute interpleader-suits.
CPC
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Explanation using Example
Example 1:
Ravi is a tenant living in an apartment owned by Mr. Sharma. One day, Mr. Gupta comes to Ravi and claims that he is the rightful owner of the apartment and that Mr. Sharma has no legal right to rent it out. Ravi is confused and wants to resolve the issue by filing an interpleader suit to make Mr. Sharma and Mr. Gupta settle the dispute in court. However, under Rule 5 of Order XXXV of The Code of Civil Procedure 1908, Ravi, as a tenant, cannot file an interpleader suit against Mr. Sharma (his landlord) and Mr. Gupta. Ravi must wait for Mr. Sharma and Mr. Gupta to resolve their dispute through other legal means.
Example 2:
Priya works as an agent for a jewelry company owned by Ms. Kapoor. Priya is given a set of diamond necklaces to sell. However, Mr. Verma approaches Priya and claims that the necklaces were stolen from him and demands their return. Priya is unsure whether to return the necklaces to Mr. Verma or keep them for Ms. Kapoor. Priya thinks of filing an interpleader suit to make Ms. Kapoor and Mr. Verma resolve the issue in court. According to Rule 5 of Order XXXV of The Code of Civil Procedure 1908, Priya, as an agent, cannot file an interpleader suit against Ms. Kapoor (her principal) and Mr. Verma. Priya must wait for Ms. Kapoor and Mr. Verma to resolve their dispute through other legal channels.