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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 12.07

Interpleader summons

    (1)     Where under Rule 12.05 a sheriff has served a notice of claim and a notice in accordance with Form 12A on the execution creditor, the sheriff, by summons in the proceeding in which the warrant is issued, may apply to the Court for relief by way of interpleader if the execution creditor

        (a)     does not within five days after the service of the notices under Rule 12.05 serve on the sheriff notice in writing that the execution creditor admits the claim; or

        (b)     within that period of five days serves on the sheriff notice in writing that the execution creditor disputes the claim

and, if the claim has not been withdrawn, the Court may grant relief by way of interpleader.

    (2)     A summons under paragraph (1)—

        (a)     shall be served on each party to the proceeding who claims an interest in the property in dispute; and

        (b)     shall be served personally on each claimant who is not a party.



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