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The Code of Civil Procedure, 1908: page 65
The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 65, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.
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[(b) “Commencement of the Constitution” means the 26th day of January, 1950; and
(c) “Ruler”, in relation to a former Indian State, has the same meaning as in article 363 of the
Constitution. ]
Interpleader
88. Where interpleader suit may be instituted.—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.
PART V
SPECIAL PROCEEDINGS
Arbitration
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[89. Settlement of disputes outside the Court.—(1) Where it appears to the Court that there exist
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elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of
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settlement and give them to the parties for their observations and after receiving the observations of the
parties, the Court may reformulate the terms of a possible settlement and refer the same for:—
(a) arbitration;
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(b) conciliation; di
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(c) judicial settlement including settlement through Lok Adalat; or
(d) mediation.
(2) Were a dispute has been referred—
(a) for arbitration or conciliation, the provisions of the Arbitration and
Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation
were referred for settlement under the provisions of that Act;
(b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions
of sub-section (1) of section 20 of the Legal Services Authority Act, 1987 (39 of 1987) and all other
provisions of that Act shall .apply in respect of the dispute so referred to the Lok Adalat;
(c) for judicial settlement, the Court shall refer the same to a suitable institution or person and
such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal
Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat
under the provisions of that Act;
(d) for mediation, the Court shall effect a compromise between the parties and shall follow such
procedure as may be prescribed.]
Special case
90. Power to state case for opinion of Court.—Where any persons agree in writing to state a case
for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed.
1. Subs. by Act 54 of 1972, s. 3, for clause (b) (w.e.f. 9-9-1972).
2. Ins. by Act 46 of 1999, s. 7 (w.e.f. 1-7-2002), Earlier rep by Act 10 of 1940, s. 49 or the Third Schedule.
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