No. 40
INTERPLEADER
(Title)
A.B., the above named plaintiff, states as follows:–
- Before the date of the claims hereinafter mentioned G.H deposited with the plaintiff [describe the property] for [safe keeping].
- The defendant C.D. claims the same [under an alleged assignment thereof to him from G.H.]
- The defendant E.F. also claims the same [under an order of G.H. transferring the same to him].
- The plaintiff is ignorant of the respective rights of the defendants.
- He has no claim upon the said property other than for charges and costs, and is ready and willing to deliver it to such persons as the court shall direct.
- The suit is not brought by collusion with either of the defendants.
[As in paras 4 and 5 of Form No. 1.] - The plaintiff claims—
(1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto;
(2) that they be required to interplead together concerning their claims to the said property;
(3) that some person be authorised to receive the said property pending such litigation;]
(4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto.