A deposits a box of jewels with B, A's agent. C claims the jewels from B, alleging that A wrongfully…
Order XXXV rule 5 limits an agent's ability to compel a principal to interplead. The exception applies when the competing claimant claims through the principal. Illustration…
Choose your answer
A deposits a box of jewels with B, A's agent. C claims the jewels from B, alleging that A wrongfully obtained them from C. Under the Code of Civil Procedure, 1908, which rule governs whether B can compel A and C to interplead?
Answer and explanation
Correct answer D
Order XXXV rule 5 limits an agent's ability to compel a principal to interplead. The exception applies when the competing claimant claims through the principal. Illustration (a) gives this jewellery scenario, in which C claims independently of A, so B cannot bring the interpleader suit.
Option feedback
Option A
Order XXXV rule 5 restricts an agent's ability to make the principal interplead even when ownership is disputed.
Option B
A direct claim from C does not make C a person claiming through A.
Option C
The general disinterest requirement under section 88 does not remove the agent-specific restriction in Order XXXV rule 5.
Option D
The exception applies when the adverse claimant claims through the principal. C asserts an independent claim.
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