MEEZAN BANK LIMITED vs WAPDA FIRST SUKUK COMPANY LIMITED S — 2022 CLC 974 LAHORE-HIGH-COURT-LAHORE

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MEEZAN BANK LIMITED VS WAPDA FIRST SUKUK COMPANY LIMITED S.88 & O. XXXV, R.1 & 4---Inter-pleader suit---Scope---Where there are rival claimants with respect to same debt against same person, which person being stakeholder claims no interest in the debt other than for charges or cost, who is ready to pay or deliver debt to rival claimants then such a person can institute a suit of inter-pleader against all claimants for the purposes of obtaining a decision as to whom payment or delivery must be made to--- Inter-pleader suit is filed by a person to determine rightful owner of a debt or property amongst rival claimants so as to avoid multiplicity of litigation and conflicting judgments---Such is a joinder device whereby all those who claim any interest in the same debt or property are joined in one action within which they may assert their claim against debt or property--- In terms of requirements of S.88, C.P.C., rival claimants must all seek a claim against the same debt, against the same person who claims no interest in debt and is willing to make payment or delivery of debt or property to lawful claimant---Party which is confronted with conflicting claims from rival claimants does not itself have any claim in debt and may in good faith interplead various different claimants so as to ensure that conflicting rights or claims against the same property or debt are decisively determined in one case, such that to whom the debt has to be paid---Party faced with rival claimants must not have any interest in debt itself and must be willing to discharge its liability in totality towards those seeking the debt--- Purpose of inter-pleader suit is not only to avoid multiple litigation but also to protect stakeholder from conflicting claims to the same debt or property---When all actions are joined together then all claims are adjudged with respect to the same debt or property in the same suit to determine who is entitled to same debt or property--- Such avoids expenditures and inconveniences of multiple cases which may also result in conflicting orders and adverse rulings by different courts.

MEEZAN BANK LIMITED vs WAPDA FIRST SUKUK COMPANY LIMITED S — 2022 CLC 974 LAHORE-HIGH-COURT-LAHORE

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