JUSINGE THRESIAMMA Vs. JUSINGE JEROME

JUDGEMENT

(1.) This appeal is directed against an order impleading an additional defendant in an interpleader suit. The Bishop of Alleppy who happened to be the stake holder in respect of a sum of Rs. 37,000/- instituted the suit out of which the appeal arises. Defendant 1 won a lottery prize for the value of Rs. 40,000/- and as per the rules of the lottery she was entitled to receive Rs. 37,000/-. Defendants 2 and 3 claimed Rs.12,000/- out of it under an arrangement with defendant 1, but defendant 1 disputed it and claimed the full amount. As directed by defendant 1 the authorities conducting the lottery sent the full amount of Rs. 37,000/- to the Bishop. From the latter while defendant 1 claimed the entire amount, defendants 2 and 3 claimed Rs 12,000/- out of it. Hence the interpleader suit by the Bishop.

(2.) Prima facie the appeal is incompetent as O.43, R.1 C. P. C. contemplates no appeal from an order made under O.1. R.10, C. P. C. Presumably the appellant was misled as the party who sought to be impleaded as additional defendant had mentioned besides O.1, R.10, R.4 of O.35 also in his application to the lower court. No doubt orders under 0. 35 R.4 are appealable, but no such order has been made in the case. The order under appeal is therefore made under O. I, R 10 against which an appeal is incompetent. The appellants learned counsel conceded the soundness of the preliminary objection and requested that the appeal may be treated as a revision.

(3.) We do not, however, think it necessary to do so as in our opinion no interference with the order is called for. No doubt the stake-holder when he brought the suit was only aware of the disputes between defendant 1 on the one hand and defendants 2 and 3 on the other, but during the pendency of the suit respondent 1 to this appeal came on the scene claiming a share of the fund for himself and also stating that there were other members of the family interested in its distribution and who were also entitled to claim shares. S.88, C. P. C. which lays down where interpleader suit may be instituted enjoins that it shall be 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 ................ In view of this we cannot find fault with the order the lower court passed in the matter and we are afraid that the plaintiff (the Bishop) will have to seek to implead the other persons mentioned in the application made by respondent 1, also defendants to the suit before he can claim discharge under R.4 of O.35. The truth or main-tainablity of the claim put forward by the newly added defendant will have to be enquired into and determined by the court just in the same way as the claim of defendants 2 and 3.