These provisions incor-porated under Order 35 and Order 36 CPC. respectively are not put to use in Andhra Pradesh at all.
When a person owes a definite sum of money but it is not clear whether the same is payable to one or the other out of several persons, the person who is due may file an interpleader suit and deposit the amount into court.
The liability of the person ceases once the amount is so deposited. The several defendants file suits in court to determine their right to receive the whole or any portion of such amount.
The provision is intended to protect a bona fide person from future list that he did not discharge his obligation.
ADVERTISEMENTS:
If two parties are in dispute on several points, they may agree that the decision on one point or a few out of several points shall decide the case one way or other.
In such a case the rivals may institute a special case before the court stating that a finding may be given on certain points and that a decree in favour of one side or the other may be passed on the basis of such points.
Order 36 obviates the difficulties of parties in locking themselves up in a lengthy legal battle when the crux of the dispute depends on a single or a few points.