Order 6 Judgments (Enforcement) Rules

Order 6 of the Judgments (Enforcement) Rules is about Interpleader summons. It contains the following rules:

1. Notice of claim
   Any claim or in respect of attached property shall be made to the bailiff holding the writ or to the sheriff.
2. Notice to creditor and claimant
   (1) The sheriff shall give information of the claim to the registrar of the court for the division or district in which the property is situate.
   (2) On receipt of the information the registrar shall send notice of the claim to the judgment creditor or plaintiff in Form 42 and a notice to the claimant in Form 43.
   [Forms 42 and 43.)
3. Admission of claim
   If the judgment creditor or plaintiff admits the claim or requests the sheriff to withdraw from possession, the sheriff shall withdraw from possession.
4. Commencement of proceedings
   (1) If the judgment creditor or plaintiff does not admit the claim, the sheri tf shall, unless the claimant has withdrawn his claim, apply for the issue of a summons in accordance with the provisions of section 34 of the Act.
   (2) Upon such application, the registrar shall enter interpleader proceedings in the books of the court, and fix a day for the hearing and prepare and issue interpleader summonses to the judgment creditor or plaintiff and the claimant in such of the Forms in the First Schedule to the Act as are applicable to the case, and make all necessary copies thereof.

5. Service
   (1) The summonses shall be served in accordance with the rules for service of an ordinary summons issued from the court from which the summonses are issued.
   (2) The interval between service and the hearing shall be such number of clear days, not less than fourteen, as the registrar may direct, having regard to the distance from the court of the place where any person to be served resides.
   (3) Where the summons is sent for service to a foreign court, the registrar of the foreign court shall, according as the summons is or is not served, send the copy of the summons, or a notification that it has not been served, to the registrar of the home court so that it is received not less than two clear days before the return day.
6. Claimant to file particulars
   (1) The claimant shall, within such reasonable time before the return day as the time of service permits, file in the court registry three copies of the particulars of the property he claims and the grounds of his claim, or, in the case of a claim for rent, particulars stating the amount thereof, and the period and the premises in respect of which the rent is claimed to be due.
   (2) The claimant shall include in his particulars a statement of his full name, address, and occupation.
   (3) The registrar shall send copies of the particulars to the sheriff and the judgment creditor:
   Provided that the court may, if it thinks fit, hear the proceedings although particulars have not been filed.

7. If claimant does not give security or deposit
   Where before the return day-
   (a) the claimant informs the registrar that he withdraws his claim; or
   (b) the judgment creditor or plaintiff informs the registrar that he admits the
   claimant’s title, the registrar shall notify the judgment creditor or plaintiff of the withdrawal, or the claimant of the admission, as the case may be, and the property attached or the proceeds of sale or the money paid into court shall be dealt with as if the claim had not been made or as if the attachment had been withdrawn, and the judge or magistrate may make such order as to costs as may be just.
8. Security for costs
   The judge or magistrate may require the claimant to give security for costs as if such claimant were the plaintiff to a suit.

9. Procedure where matters subject to juris diction of customary or area court
   Where the summons relate to any immovable property and the parties thereto other than the sheriff are all parties ordinarily subject to the jurisdiction of a customary or area court the court shall on the return day of the summons adjourn the hearing and stay execution for one month to enable the claimant to institute proceedings in the competent customary or area court to establish as against the judgment creditor or plaintiff and judgment debtor or defendant the right, title or interest on which his claim to have the property released from attachment is based.
10. Failure of claimant to ins titute proceedings
    If the claimant fails to institute the required proceedings in the competent customary or area court within the said period of one month the court may forthwith dismiss the claim or may on special cause shown extend the period within which the claimant may institute the said proceedings and grant a further adjournment and stay of execution. If within the said period of one month or within any extension thereof which may have been allowed the claimant has instituted the required proceedings, the court shall adjourn the
    hearing of the summons until such time as final judgment is given in the customary or area court or in any appeal which may be actually pending in regard to the proceedings instituted by the claimant in the competent customary or area court. At such adjourned hearing the court shall give judgment on the summons in accordance with such final judgment.

11. Claim for damages by claimant
    Where in the interpleader proceedings the claimant claims damages from the judgment creditor or plaintiff or from the sheriff in respect of the attachment, he shall, in the particulars of his claim to the property, state the amount he claims for damages, and the
    grounds on which he claims damages.
12. Claim for execution creditor
    Where in the interpleader proceedings the judgment creditor or plaintiff claims damages from the sheriff arising out of the attachment, he shall, within such reasonable time before the return day as the time for service permits, file particulars of his claim, stating the grounds and amount thereof, and give a copy of the particulars to the registrar who shall deliver it to the sheriff.
13. Payment into court, where damages claimed
    Where in the interpleader proceedings a claim for damages is made, the person from whom damages are claimed may pay money into the court in satisfaction of that claim, and the payment shall be made in the same manner and have the same effect as if the proceedings were an action in that court and the person claiming damages were plaintiff and
    the person from whom damages are claimed were defendant.
14. Sale of property claimed as security for debt
    Where property has been attached and any claimant alleges that he is entitled to it under a mortgage or bill of sale or otherwise by way of security for a debt, the court may order the property or any part thereof to be sold, and may direct the proceeds of sale to be applied in such manner as may be just.

15. Order
    (1) The order made upon the hearing of interpleader proceedings shall contain directions by whom any court fees shall be paid and how any money in court shall be applied.
    (2) The court may, notwithstanding any appraisernent, assess the value of the property for the purpose of any calculation of court fees or costs which depends on such value.

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