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TypeBare Act JurisdictionCentral Government

Code of Civil Procedure 1908 Section 88

WHERE INTERPLEADER SUIT MAY BE INSTITUTED Where two or more persons claim adversely to one another the same debt, sum

~2 min read
https://sooperkanoon.com/act/449770

Bare act section · Research

About this section

Code of Civil Procedure 1908 Section 88 is part of Code of Civil Procedure 1908 - WHERE INTERPLEADER SUIT MAY BE INSTITUTED Where two or more persons claim adversely to one another the same debt, sum. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

1) Where it appears to the court that there exist elements of a settlement which may be acceptable to the parties, the court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the court may reformulate the terms of a possible settlement and refer the same for--

(a) arbitration;

(b) conciliation;

(c) judicial settlement including settlement through Lok Adalat; or (d) mediation.

(2) Where a dispute has been referred--

(a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act;

(b) to Lok Adalat, the court shall refer the same to the Lok Adalat in accordance with the provisions of sub -section (1) of section 20 of the Legal Services Authority Act, 1987 and all other provisions of that Act shall apply in respect of the dispute so referred to the Lok Adalat;

(c) for judicial settlement, the court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act;

(d) for mediation, the court shall effect a compromise between the parties and shall follow such procedure as may be prescribed .] 1. Substituted by Amendment Act 46 of 1999, dt 30-12-1999 w.e.f 1-7-2002 S.O.No.603(E) dt 6-6-2002

Frequently asked questions

What does Code of Civil Procedure 1908 Section 88 provide?

Section Section 88 of the Code of Civil Procedure 1908 (WHERE INTERPLEADER SUIT MAY BE INSTITUTED Where two or more persons claim adversely to one another the same debt, sum) is reproduced on this page as part of the Code of Civil Procedure 1908. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Code of Civil Procedure 1908 Section 88?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Code of Civil Procedure 1908 Section 88. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

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