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interpleader suit format

The Plaintiff, a teacher, has filed an interpleader suit regarding a box containing shares and jewelry deposited by a deceased individual, CDE. Both Defendants claim to be the widow of CDE and are demanding the box, leading the Plaintiff to seek court intervention to avoid legal action. The Plaintiff requests the court to allow the deposit of the box, discharge them from liability, and resolve the claims between the Defendants.

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swastik datta
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4 views

interpleader suit format

The Plaintiff, a teacher, has filed an interpleader suit regarding a box containing shares and jewelry deposited by a deceased individual, CDE. Both Defendants claim to be the widow of CDE and are demanding the box, leading the Plaintiff to seek court intervention to avoid legal action. The Plaintiff requests the court to allow the deposit of the box, discharge them from liability, and resolve the claims between the Defendants.

Uploaded by

swastik datta
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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IN THE COURT OF SENIOR CIVIL JUDGE AT GURUGRAM

Suit No…….of …………….

ABC, r/o ………., Gurugram …..…..Plaintiff

Versus

1. XYZ,r/o ………., Gurugram

2. PQR,r/o ………., Gurugram …..…..Defendants

INTERPLEADER SUIT

Sir,

The Plaintiff above-named respectfully submits as under:-

1. That the Plaintiff is a teacher by profession. Defendant No.1 and Defendant No. 2 are both
housewives.

2. That on 1st April,20……one CDE, now deceased, deposited with the Plaintiff, for safe custody,
a box locked containing shares, securities, debentures and certain items of jewellery, prior to
his departure on a religious pilgrimage. This box is hereinafter referred to as “the said box”.

3. That the said CDE expired on…………20…….

4. That soon thereafter, Defendant No.1 approached the Plaintiff, claiming to be the widow of
the said CDE, stating that she was entitled to the said box of CDE, which is currently in the
custody of the Plaintiff.

5. That two days later, Defendant No.2, also approached the Plaintiff, and stated that she, and
not Defendant No.1 is the real widow of the said deceased, CDE, and that she was entitled to
the said box after the death of the CDE.

6. That in the circumstances, the Plaintiff did not handover the said box to either of the two
Defendants.

7. That the Plaintiff submits that both the Defendants have now threatened to take legal
proceedings against the Plaintiff for recovery of the said box.

8. That Plaintiff submits that he has no claim over the said box, and is ready and willing to
deposit the same in this Hon’ble Court.

9. That Plaintiff submits that there is no collusion between the Plaintiff and the two
Defendants.

10. That this court has jurisdiction as the cause of action accrued within the territorial limits of
the court.

11. That the valuation of suit was Rs……………on which the requisite court fee has been paid.

12. That the suit has been filed within the period of limitation.

PRAYER

The Plaintiff, therefore, prays:


1. that the Defendants be restrained by an injunction of this Hon’ble Court from taking any
legal proceedings against the Plaintiff for recovery of the said box;

2. that the Plaintiff may be allowed to deposit the said box with this Hon’ble Court;

3. that on depositing the said box as aforesaid, the Plaintiff may be discharged from all liability
to either Defendant in relation thereto;

4. that the Plaintiff’s name may be struck off from this suit, and the Defendants be directed to
interplead concerning their respective claims to the said box, and that the name of one of
the Defendants be transposed as the Plaintiff in this suit;

5. that the Defendants may be directed to pay to the Plaintiff costs of this suit; and

6. that such further and other orders may be passed, as may be necessary or expedient in the
circumstances of the case.

Plaintiff

VERIFICATION

I, ABC, the plaintiff above-named, residing at…………., do hereby solemnly declare and say that what
is stated in paragraphs………..to………..is true to my own knowledge and what is stated in the
remaining paragraphs…….to…………. is stated on information and belief and I believe the same to be
true.

Verified at ……………….on this……….day of October 20………..

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