A deposits a box of jewels with B as A's agent. C demands the jewels from B, alleging that A wrongfully…
Order XXXV rule 5 limits an agent's ability to compel a principal to interplead to claims made through that principal. C claims the jewels adversely to and independently of…
Choose your answer
A deposits a box of jewels with B as A's agent. C demands the jewels from B, alleging that A wrongfully took them from C. What can B do by way of interpleader under the Code of Civil Procedure, 1908?
Answer and explanation
Correct answer D
Order XXXV rule 5 limits an agent's ability to compel a principal to interplead to claims made through that principal.
C claims the jewels adversely to and independently of A, as in illustration (a).
Option feedback
Option A
Interpleader requires adverse claimants, and an action against A alone cannot resolve the rival claims.
Option B
A suit against C alone cannot resolve the rival claims.
Option C
C asserts a title adverse to A and independent of A, so the agent cannot compel both to interplead.
Option D
Order XXXV rule 5 bars an agent in this situation. The exception concerns claims made through the principal.
Practice for these exams
-
All India Bar Examination (AIBE)
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttar Pradesh Judicial Services (UP PCS-J)
-
CUET PG Law (LL.M.)
Subject revision
-
Supreme Court Law Clerk and Research Associate
Subject revision
-
Bihar Judicial Services
Subject revision
-
Uttarakhand Judicial Services
Subject revision