Interpleader, Special case and Summary procedure (Order XXXV, XXXVI and XXXVII)

A clerk at a Borivali bank branch finds two men at the counter, each claiming the same fixed deposit. The bank does not care who wins; it only wants to pay the right person once. Elsewhere, two neighbours agree on every fact but disagree on what a clause of their agreement means. And a supplier holds a dishonoured cheque and a written invoice and has no real dispute to try. Must each of them wait years for a full trial? The Code says no, and gives three short-cut procedures: interpleader, special case and summary suit.

In two minutes

Three exceptional procedures shorten or simplify trial: an innocent stakeholder sues all rival claimants in an interpleader suit (s.88; O.XXXV); parties who agree on the facts state a question for the court's opinion in a special case (O.XXXVI); and a creditor with a document-based money claim can get judgment quickly in a summary suit unless the defendant obtains leave to defend (O.XXXVII).

The rest of this chapter

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