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The Code of Civil Procedure, 1908: page 209

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 209, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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    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.

                                                      ORDER XXXVI
                                                      SPECIAL CASE
    1. Power to state case for Court’s opinion.—(1) Parties claiming to be interested in the decision of
any question of fact or law may enter into an agreement in writing stating such question in the form of a
                                                                           e
case for the opinion of the Court, and providing that, upon the finding of the Court with respect to such
question,—                                                             od
         (a) a sum of money fixed by the parties or to be determined by the Court shall be paid by one of
     the parties to the other of them; or                             aC
                                                             di
          (b) some property, movable or immovable, specified in the agreement, shall be delivered by one
     of the parties to the other of them; or            In
          (c) one or more of the parties shall do, or refrain from doing, some other particular act specified
     in the agreement.
    (2) Every case stated under this rule shall be divided into consecutively numbered paragraphs, and
shall concisely state such facts and specify such documents as may be necessary to enable the Court to
decide the question raised thereby.
    2. Where value of subject-matter must be stated.—Where the agreement is for the delivery of any
property, or for the doing, or the refraining from doing, any particular act, the estimated value of the
property to be delivered, or to which the act specified has reference, shall be stated in the agreement.
     3. Agreement to be filed and registered as suit.—(1) The agreement, if framed in accordance with
the rules hereinbefore contained, may be filed 1[with an application] in the Court which would have
jurisdiction to entertain a suit, the amount or value of the subject-matter of which is the same as the
amount or value of the subject-matter of the agreement.
    (2) 2[The application] when so filed, shall be numbered and registered as a suit between one or more
of the parties claiming to be interested as plaintiff or plaintiffs, and the other or the others of them as
defendant or defendants; and notice shall be given to all the parties to the agreement, other than the party
or parties by whom 3[the application was presented.]
     4. Parties to be subject to Court’s jurisdiction.—Where the agreement has been filed, the parties to
it shall be subject to the jurisdiction of the Court and shall be bound by the statements contained therein.
    5. Hearing and disposal of case.—(1) The case shall be set down for hearing as a suit instituted in the
ordinary manner, and the provisions of this Code shall apply to such suit so far as the same are applicable.


1. Ins. by Act 104 of 1976, s. 83 (w.e.f. 1-2-1977).
2. Subs. by s. 83, ibid., for “The agreement” (w.e.f. 1-2-1977).
3. Subs. by s. 83, ibid., for “it was presented” (w.e.f. 1-2.1977).

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