All India Bar Examination (AIBE) 6-VI Previous Year Question Papers with Answers

The correct option is B: Section 88. Interpleader suit is dealt with in Section 88 of the Civil Procedure Code, 1908. This section states that:

"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."

This section also lays down the conditions for filing an interpleader suit, such as:

- The plaintiff must not claim any interest in the subject matter of the suit other than for charges or costs.
- The claims of the defendants must be adverse to each other.
- There must be no collusion between the plaintiff and any of the defendants.
- There must be no suit pending in which the rights of the defendants can be properly decided.

The procedure for an interpleader suit is given in Order XXXV of the Civil Procedure Code, which provides for the filing of the plaint, the discharge of the plaintiff, the adjudication of the rights of the defendants, and other matters related to such suits.