Interpleader Suit

IN THE COURT OF C1 :: PL1

O.S.No.      of y1

Between:

p1  p3	...  Plaintiff
A n d
d1 d3	... Defendant

PLAINT PRESENTED BY THE PLAINTIFF UNDER ORDER 45 RULE 1 ORDER 7 RULES 1 AND 2 AND SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

1.           PLAINTIFF:

p2

2.           DEFENDANTS:  

d2

The address for service of all notices on the plaintiff is that of his advocates Sri Add7, Add8, Advocates, Pl1 and that of the defendants is as stated above.

3.            

4.           The plaintiff is ignorant of the respective rights of the defendants. The plaintiff is not having any interest and he is not claiming any interest in the plaint schedule property except other than for charges and costs and he ready and willing to deliver the plaint schedule property to such persons as the Hon’ble Court shall direct. The plaintiff also submits that he is not having any collusion with any of the defendants. 

5.           The cause of action for the suit arose on dt1 when the defendants tried to interfere with the plaintiff's peaceful possession and enjoyment over the plaint schedule property at ............... where the plaint schedule property is situate within the jurisdiction of the Hon'ble Court.

6.           Since the suit is filed under order 45 Rule 1 a court fee of Rs.c1/- is paid under Section 45 and 47 of Andhra Pradesh Court Fees and Suits Valuation Act since the value of the subject matter involved is more than Rs.am1/-.

7.           The plaintiff therefore prays that the Hon'ble Court may be pleased to

[i] that the defendants be restrained by way of injunction from taking any proceedings against the plaintiff in relation to the plaint schedule property and

[ii] that the defendants may be required to interplead together concerned their claims to the schedule property

[iii] that the plaintiff be discharged from the liability in relation to the plaint schedule property and

[iv] award costs and

[v] and award such other relief as the Hon'ble court deems fit and proper in the circumstances of the case.

                                      Be pleased to consider,

Plaintiff:

The contents stated above are read over and explained to me in Telugu and having perfectly understood the same and I declare that the contents stated above are true to best of my knowledge, information, belief and I signed/affixed thumb mark on this plaint at Pl1 on D5.

Plaintiff:

LIST OF DOCUMENTS FILED:

S.No.	DATE	DESCRIPTION OF THE DOCUMENT
1.
2.

                              Advocate for the plaintiff.

IN THE COURT OF C1:: PL1

O.S.No.      of y1

Between:

p1	... Plaintiff
A n d
d1	... Defendant

PLAINT SCHEDULE FILED BY THE PLAINTIFF

East Godavari District, Pl1 Sub-registry, Pl1 Mandal, Pl1 Municipality, Ward No.     Door No. house and vacant site within the following boundaries:

East :
South:
West :
North:

The property situated within the above boundaries with all kinds of easementary rights etc.,

                                                                            Be pleased to consider,   

Plaintiff:

The contents stated above are read over and explained to me in Telugu and having perfectly understood the same and I declare that the contents stated above are true to best of my knowledge, information, belief and I signed/affixed thumb mark this plaint schedule at Pl1 on D5. 

Plaintiff:

Add6  IN THE COURT OF   C1:: PL1 O.S.No.     of y1 BETWEEN p1                ..Plaintiff A n d d1               ..Defendants  COURT FEE PAID: Rs.c1/- PLAINT FILED UNDER ORDER 7 RULES 1 & 2 AND SEC 26 OF CIVIL PROCEDURE CODE                          LIST OF PAPERS SUBMITTED: 1. PLAINT 2. VAKALAT 3. PROCESS WITH COPIES 4. DOCUMENTS AS PER LIST.                    Advocate.    ADDRESS FOR SERVICE: add7 Advocates Pl1

 IN THE COURT OF C1:: PL1

O.S.No.      of y1

Between:

p1	... Plaintiff
A n d
d1	... Defendant

AFFIDAVIT FILED BY THE PLAINTIFF

I, p2 do hereby solemnly affirm and state as follows:-

1.           I am the plaintiff in the suit. I filed the suit for an injunction. I submit and pray that the Hon’ble Court may be pleased to read the plaint filed by me as part of this affidavit.

2.            

3.           I am ignorant of the respective rights of the defendants. I am not having any interest and he is not claiming any interest in the plaint schedule property except other than for charges and costs and I am ready and willing to deliver the plaint schedule property to such persons as the Hon’ble Court shall direct. I also submit that I am not having any collusion with any of the defendants.

4.           Hence in the interests of justice I submit and pray that the Hon'ble court may be pleased to

[i] that the defendants be restrained by way of injunction from taking any proceedings against the plaintiff in relation to the plaint schedule property and

[ii] that the defendants may be required to interplead together concerned their claims to the schedule property

[iii] that the plaintiff be discharged from the liability in relation to the plaint schedule property and

[iv] award costs and

[v] and award such other relief as the Hon'ble court deems fit and proper in the circumstances of the case.

Unless the above reliefs are granted, I suffer serious and irreparable loss.

                                      Be pleased to consider,

Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on D5. 

                                              Advocate

Add6  IN THE COURT OF C1:: PL1 O.S.No.     of y1 AFFIDAVIT  FILED BY THE PLAINTIFF ADDRESS FOR SERVICE: ADD7 ADVOCATE PL1

IN THE COURT OF  C1:: PL1

O.S.No.      of y1

Between:

p1	... Plaintiff
A n d
d1	... Defendant

I/We p2 do hereby appoint and retain

Add7

Add8

Advocates,

Pl1   

to appear for me/us in the above original suit/Miscellaneous petition and to conduct and to prosecute or defend the same all proceedings that may be taken in respect of any applications for execution of any decree or order passed therein. I empower my advocate to appear in all miscellaneous petitions in the above suit or matter till the decrees or orders are fully satisfied or adjusted and to obtain the return of documents and draw any moneys that might be payable to me in the suit or matter and I do further empower my advocate to accept on my behalf, service of notices of all any appeals or petitions filed in any Court of appeal, reference or revision with regard to the said suit or matter before the disposal of the Same in this Hon’ble court.

Plaintiff:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true and solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on D5.

 

                                                         Advocate

Add6  IN THE COURT OF C1:: PL1 O.S.No.     of y1 Between p1                .. Plaintiff A n d d1               .. Defendants   VAKALAT FILED ON BEHALF OF THE PLAINTIFF Accepted:             ADDRESS FOR SERVICE: add7 Advocates Pl1

IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p1	.. Plaintiff/Petitioner
A n d
d1	Defendant/Respondent

AFFIDAVIT FILED BY THE PETITIONER

I, p2 do hereby solemnly affirm and state as follows:-

1.        I am the petitioner herein and the plaintiff in the suit.  I submit and pray that the Hon’ble Court may be pleased to read the plaint filed by me as part of this affidavit.

2.        I submit that I am having prima-facie case and the balance of convenience is also in favour of granting injunction. If urgent notice is ordered there is every chance for the respondents to proceed against me. 

3.        Hence in the interests of justice I submit and pray that the Hon'ble court may be pleased to grant a temporary injunction restraining the respondents/defendants their men and persons claiming through them from proceedings against me pending disposal of the suit. Else I suffer serious and irreparable loss.

                                      Be pleased to consider,

Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on D5. 

                                              Advocate

IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p2	..Petitioner/Plaintiff
A n d
d2	.. Respondent/Defendant

PETITION FILED UNDER ORDER 39 RULES 1 AND 2 SECTION 151 CIVIL PROCEDURE CODE

        For the reasons stated in the accompanying affidavit the petitioner prays that the Hon'ble court may be pleased to grant a temporary injunction restraining the respondents/ defendants their men and persons claiming through them from proceedings against the petitioner pending disposal of the suit.

       

                                                Be pleased to consider,

Pl1,

Date. D5                  

                                                                     Advocate for petitioner.

Add6  IN THE COURT OF C1:: PL1 I.A.No.      of y1 in O.S.No.     of y1 Between: p1 .. Petitioner A n d d1  .. Respondent PETITION FILED UNDER ORDER 39 RULES 1 AND 2 AND SECTION 151 CIVIL PROCEDURE CODE ADDRESS FOR SERVICE: add6 add7 Advocates Pl1

IN THE COURT OF C1:: PL1

O.S.No.      of y1

Between:

p1	... Plaintiff
A n d
d1	... Defendant

 PROCESS MEMO FILED ON BEHALF OF THE PLAINTIFF

Sl.No.       Name and Address of the party	On what Account	Process	Remarks
1. d2		30.00
Urgent
R.P.
T.C.		1.00
Total

Pl1 Dated d5

Advocate for the plaintiff

  

IN THE COURT OF C1:: PL1

O.S.No.      of y1

Between:

p1	... Plaintiff
A n d
d1	... Defendant

To

d2

Hg. Date                         .

Whereas the plaintiff has instituted a suit against you for the relief mentioned in the plaint. You are hereby summoned to appear in this Court on      day of     y1 at 10.30 A.M. to answer the claim and you are directed to produce all evidences and produce all documents on that day all documents upon which you intend to rely in support of the defence    

Take notice that in default of your appearance on the day afore mentioned the suit will be heard and determined in your absence.

Given under my hand and the seal of the Court.

This    day of                                              y1

Add7 Advocate

Central Nazir

 IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p1	.. Plaintiff/Petitioner
A n d
d1	Defendant/Respondent

To

d2.

Whereas the petitioner herein filed the injunction petition. You are hereby summoned to appear in this Court on      day of      y1 at 10.30 A.M. to answer the injunction and you are directed to produce all evidences and produce all documents on that day all documents upon which you intend to rely in support of the defence    

Take notice that in default of your appearance on the day afore mentioned the suit will be heard and determined in your absence.

Given under my hand and the seal of the Court.

This    day of                                         y1

Add7 Advocate

Central Nazir

IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p1	.. Plaintiff/Petitioner
A n d
d1	Defendant/Respondent

THIRD PARTY AFFIDAVIT FILED ON BEHALF OF PETITIONER

1.      I, p4 do hereby solemnly and sincerely affirm and state as follows:-

2.      I am the 3rd party to the above proceedings but I know the both parties to the case as well as the plaint schedule property since I am having property near by to the plaint schedule property. 

3.      I submit the above facts, which are personally known to me.

                                     Be pleased to consider,  

                Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on D5.

                                                         Advocate

IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p1	.. Plaintiff/Petitioner
A n d
d1	Defendant/Respondent

THIRD PARTY AFFIDAVIT FILED ON BEHALF OF PETITIONER

I, p5 do hereby solemnly and sincerely affirm and state as follows:-

1.       I am the 3rd party to the above proceedings but I know the both parties to the case as well as the plaint schedule property since I am having property near by to the plaint schedule property. 

2.       I submit the above facts, which are personally known to me.

                                     Be pleased to consider,

Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on D5. 

                                                         Advocate

Add6  IN THE COURT OF  C1:: PL1 O.S.No.     of y1 III PARTY AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF ADDRESS FOR SERVICE: add7 Advocates Pl1

IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p1	.. Plaintiff/Petitioner
A n d
d1	Defendant/Respondent

AFFIDAVIT FILED BY THE PETITIONER.

I, p2 do hereby solemnly affirm and state as follows:-

1.           I am the petitioner herein and the plaintiff in the suit. The suit was filed for an injunction. I submit and pray that the Hon’ble Court may be pleased to read the plaint and petition filed as part of this affidavit

2.           The Hon’ble Court was pleased to grant an interim injunction. I have sent the copy of the plaint, injunction petition and supporting affidavit documents and third party affidavits have been sent by registered post to the respondent and the receipt passed by the postal department is being filed herewith.

3.           Thus I have complied with the orders of the Hon’ble Court.

                             

       Be pleased to consider,

                        Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on  

                                                         Advocate

Add6  IN THE COURT OF C1:: PL1 O.S.No.     of y1 AFFIDAVIT FILED ON BEHALF OF  THE PLAINTIFF ADDRESS FOR SERVICE: add7 Advocates Pl1

IN THE COURT OF C1:: PL1

I.A.No.     of y1

in

O.S.No.       of y1

Between:

p1	.. Plaintiff/Petitioner
A n d
d1	Defendant/Respondent

AFFIDAVIT FILED BY THE PETITIONER.

I, p2, Pl1 do hereby solemnly affirm and state as follows:-

1.           I am the Advocate’s clerk herein. The suit was filed for an injunction. I submit and pray that the Hon’ble Court may be pleased to read the plaint and petition filed as part of this affidavit

2.           The Hon’ble Court was pleased to grant an interim injunction. I have sent the copy of the plaint, injunction petition and supporting affidavit documents and third party affidavits have been sent by registered post to the respondent and the receipt passed by the postal department is being filed herewith.

3.           Thus I have complied with the orders of the Hon’ble Court.

                             

       Be pleased to consider,

               

Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on d5.   

                                                         Advocate

Add6   IN THE COURT OF C1:: PL1 O.S.No.     of y1 AFFIDAVIT BY THE PLAINTIFF ADDRESS FOR SERVICE: add6 add7 Advocates Pl1

IN THE COURT OF  C1:: PL1

O.S.No.      of y1

Between:

p1	... Plaintiff
A n d
d1	... Defendant

AFFIDAVIT FILED BY THE PETITIONER

I, p2 do hereby solemnly and sincerely affirm and state as follows:-

1.           I am the plaintiff in the accompanying suit.

2.           The necessary Court fee on the plaint has been deposited in State Bank of India, Treasury branch, Pl1 under Chalan dated   and the same is herewith filed.                                                                                 

                               Be pleased to consider,

                        Deponent:

The contents stated above are explained in Telugu to the deponent having perfectly understood the same and admitted the contents are true, solemnly affirmed and signed/ affixed thumb mark in my presence at Pl1 on . 

                                                         Advocate

ADD6 IN THE COURT OF         C1:: PL1 O.S.No.     of y1 AFFIDAVIT FILED ON BEHALF OF THE PLAINTIFF ADDRESS FOR SERVICE: Add7, Advocate, Pl1

IN THE COURT OF C1 :: PL1

O.S.No.     of y1

Between:

p1 p3	.. Plaintiff
A n d
d1 d3	.. Defendant

PARTICULARS FILED BY THE PLAINTIFF UNDER ORDER 6 RULE 14A AND SECTION 26 OF CODE OF CIVIL PROCEDURE 1908.

1. PLAINTIFF:

p2

2. DEFENDANT:  

d2

3. The address for service of all notices on the plaintiff is that of his advocates Sri Add7, Add8, Advocates, pl1 and that of the defendant is as stated above.

Be pleased to consider,

Advocate for the Plaintiff