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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…

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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?

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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.

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