ORDER XXXV INTERPLEADER Plaintin 1. In every suit of interpleader the plaint shall, in addition to the o ther interpleader' " c fi I . suit. statements necessary or p amts, state(a) t4atthe plaintiff claims no interest in the subject-matter is dispute other than for charges or costs; (b) the claims made by t~e defendants severally; and . (c) that there is no colussion between the plaintiff and any of the defendants. J;:Yie.nt oJ 2. Wherethething claimed is capable ofbeing paid into Court or plac ed t i!t~C~~~.in the custody ofthe Court, the plaintiff may be requir~d to so pa yor place it before he cl:!nbe entitled to any order in the suit. hPrc;t~iure 3.' Where any ofthe defendants in an iterpleader-suit is actu~lly sui ng d~~is srii:~ the plaintiff in respect ofthe subject-matter ofsuch suit, the C ourt in which plaintiff.the- suit against the 'plaintiff is pending shall, on being informed b y the Court in which the interPleader-suit has been instituted, stay the proceedings as agamsfhim ; and his costs in the suit so stayed may be proVidedfor in such suit; but if, and in so far as, they are not provided for in that suit, the y may be added to his costs incurred in the interpleader-suit.. '. . 1 S~b!!.))yAct ZI.of 1929,s. 7, for the original rule 15. 2 RriJ.;15rlnu#~r~ a'i;sub-rule (1) ofthat rule by Act 104 of 1976,s. 82(v). 3 IDserted, ibid: 'r. '" 1908 :Act V] c.ode of Civil Procedure, 1908 (The First Schedule, Order XXXV-Interpleader Order XXXVI-Special case.) 4. (1) At the first hearing the Court may(a) declare that the plaintiff is discharged from all liability to the defendants in respect of the thing claimed, award him his costs, and dismiss him from the suit; or . (b) if it thinksthat justice or convenience so retain all parties untile the final disposal ofthe'suit. (2) Where the Court finds that the admissions of the' parties or other evidence enable it to do so, it may adjudicate the title to the thing claimed. (3) Where the admissions of the parties do not enable the Court so to adjudicate, it may direct-: . (a) that an issue or issue between the parties be framed and tried, and (b) that any claimant be made a plaintiff in lieu of or in addition to the original plaintiff, and shall proceed to try the suit in the ordinary manner. 5. Nothing in this Order shall be deemed to enable agent to sue their principals, or tenants to sue their landlords, for the purpose of compelling them to interplead with any persons other than persons making claim through such principals or landlords. Illustrations (a) A deposits a box of jewels with B as his agent, C alleges that the jewels were wrongfully obtained from him by A, andclaims them fromB. B cannot institute an interpleader-suit against A and C. (b) A deposits a box ofjewels with B as his agent. He then writes to C for the purpose ofmaking the jewels a ~ecurity for a'debt due from himselfto C.A afterwards alleges that C's debt is satisfied, a~dC alleges the contrary. Both
claim the jewels fromB. B mayinstitpte an interpleader suit against A and C.
6. Where the suit is properly instituted the Court m~y provide for the costs ofthe origina], plaintiff by giving him a charge Onthe1thing claimed or in some other e:fectualwaY: . , 357 Procedure at first hearing, Agents and tenants may not institute interpleadersuits. Charge or plaintiffs costs.