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Q.20
Code of Civil Procedure (CPC) Medium Knowledge-Based
Bare Act Code of Civil Procedure, 1908 · Section 88

"A", a railway company, is in possession of goods as a consignee. It does not claim any interest in the goods except lien of wharfage, demurrage and freight but rival claims have been made by B and C adversely to each other. A can institute-

A An application to decide the same
An interpleader suit Answer
C Friendly suit
D None of the above
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Explanation & Strategy

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When a person holds goods/property with no personal interest but two or more persons make rival claims, they can file an interpleader suit under Section 88 CPC. The railway company (as consignee) has only a lien — no ownership interest — making interpleader the appropriate remedy.

At a Glance
Subject Code of Civil Procedure (CPC)
Difficulty Medium
Act Code of Civil Procedure, 1908
Section Section 88
Answer (B) Knowledge-Based
Paper AIBE VII — September 2014
Progress in Paper
Q.20 100 questions

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