Format of an Interpleader suit

Important points (Assuming that the reader knows what is an interpleader suit)

1. Format of all Civil suits are pretty much the same. They are governed by Order
VI (Pleading) and Order VII (Plaint) CPC. Please see this for theory part.
2. Conditions required for an Inter pleader Suit:
1. There must be some debt, sum of money, or other property - movable or
immovable, in dispute.
2. Two or more persons must be claiming the same property advesrly to
each other.
3. Plaintiff must not be interested, partly or wholely, in the same property
(subject matter of the suit).
4. There must not be a suit pending wherein the rights of rival claimants
can be properly adjudicated.
3. As per Order 35 of CPC, in every interpleader suit, the plain must state the
following - 
1. the plaintiff claims no interest in the subject matter in dispute other than
charges and costs
2. the claims have been made by the defendants severally
3. there is no collusion between the plaintiff and any of the defendants
4. As per O 35, R 5, an agent cannot sue his principal or a tenant his landlord for
the purpose of compelling them to interplead with persons other than persons
claiming through such principal or landlord. This is because an agent cannot
dispute the title of his principal and a tenant cannot dispute the ownership of his
landlord.

In the Court of Civil Judge Class - I at Indore

Suit No. ………… / 20…….

1. A. B. s/o B. C.
    123, M G Road, Indore, MP                           .........................................  Plaintiff

Vs.

1. M. N. s/o O. P.
   456, M G Road, Indore, MP                            .........................................  Respondent
1
2.  X. Y. s/o Y. Y.
    555, M G Road, Indore, MP                            ......................................... Respondent
2

Plaint under Order 35 Rule 1

The plaintiff respectfully states as follows : -

(Matters of Inducement)
(1) Plaintiff is a Govt. Servant employed with ... .
(2) Respondents 1 and 2 are both is the president of an informal residents association
of MG Road.

(Facts constituting cause of action)

(3) On 10/10/2008, Respondent 1 gave the plaintiff gold bangles for safekeeping.
(4) On 10/11/2008, Respondent 2 came to the plaintiff asking for the gold bangles
claiming that they were pawned by respondent 1 to respondent 2.
(5) On the same date, 10/11/2008, Respondent 1 also came asking for the bangles.
Respondent 1 denied pawning the bangles to respondent 2.

(Statements as per O 35)

The plaintiff has no interest in keeping the gold bangles.
There is no collusion between the plaintiff and any of the defendants
The bangles are being claimed by the respondents severally and the plaintiff is
ignorant of the respective rights of the claimants.
...
(Jurisdiction)
(10) Respondent 1 is a resident of MG Road, which is under this court's jurisdiction.
(11) The cost of the bangles is 40,000/- which is within this court's pecuniary
jurisdiction.

(12) Relief Claimed: The plaintiff prays that

1. the respondents be restrained , by injunction, from taking any proceedings

again the plaintiff in relation thereto
2. the respondents by required to interplead together concerning their claims to
the said property
3. some person be authorized to receive the said property pending such litigation
4. upon delivering the property to such receiver the plaintiff be discharged from
all liability to either defendants in relation thereto.
Place: ………………….                                                                            (Signature of
the plaintiff)
Date: …………………..                                                                            

                                                                                                                    Advocate for
Plaintiff

Verification
  
 I, ______, do hereby verify that the contents from paras 1 to 12 are correct and true to
the best of my knowledge and personal belief and no part of it is false and nothing
material has been concealed therein. Affirmed at Indore this 4th Day of September
2009.

(Signature) 
Plaintiff