Section 88. Where inter pleader suit may be instituted
Where two or more persons claim adversely to one another the same debt, sum of money or other property, moveable or immoveable, from another person, who claims no interest therein other than for charges or costs and who is ready to pay or deliver it to the rightful claimant, such other person may institute a suit of' interpleader against all the claimants for the purpose of obtaining a decision as to the person to whom the payment or delivery shall be made and of obtaining indemnity for himself :
Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted. 1 This section was previously amended by various enactments from time to time. 2 The heading “SUITS AGAINST RULERS OF ACCEDING AND MERGED STATES” as ins. by Ord. 22 of 1960, s.6, has been omitted by the Code of Civil Procedure (Amdt.) Act, 1972 (2 of 1972), s.2. 3 S.87A was ins. by ord. 22 of 1960, s. 6.
Provided that where any suit is pending in which the rights of all parties can properly be decided, no such suit of interpleader shall be instituted. 1 This section was previously amended by various enactments from time to time. 2 The heading “SUITS AGAINST RULERS OF ACCEDING AND MERGED STATES” as ins. by Ord. 22 of 1960, s.6, has been omitted by the Code of Civil Procedure (Amdt.) Act, 1972 (2 of 1972), s.2. 3 S.87A was ins. by ord. 22 of 1960, s. 6.