PART IIOTHERWISE THAN UNDER EXECUTION
Application for relief
6.—(1)
(2) The application shall be made to the court in which the action is pending against the applicant or, if no action is pending against him, to the court in which he might be sued.
(3) The application shall be made by filing an affidavit showing that—
(a)the applicant claims no interest in the subject-matter in dispute other than for charges or costs,
(b)the applicant does not collude with any of the claimants,
(c)the applicant is willing to pay or transfer the subject-matter into court or to dispose of it as the court may direct, and
(d)except where the applicant is a defendant in a pending action, the subject matter does not exceed in value the sum for the time being mentioned in section 39 of the Act,
together with as many copies of the affidavit as there are claimants.
Relief in pending action
7. Where the applicant is a defendant in a pending action—
(a)the affidavit and copies required by rule 6(3) shall be filed within 14 days after service on him of the summons in the action;
(b)the return day of the application shall be a day fixed for the pre-trial review of the action including the interpleader proceedings and, if a day has already been fixed for the pre-trial review or hearing of the action, the proper officer shall, if necessary, postpone it;
(c)the claimant, the applicant and the plaintiff in the action shall be given notice of the application, which shall be prepared by the proper officer together with sufficient copies for service;
(d)the notice to the claimant shall be served on him, together with a copy of the affidavit filed under rule 6(3) and of the summons and particulars of claim in the action, not less than 21 days before the return day in the same manner as a fixed date summons;
(e)the notices to the applicant and the plaintiff shall be sent to them by the proper officer and the notice to the plaintiff shall be accompanied by a copy of the said affidavit.
Relief otherwise than in pending action
8. Where the applicant is not a defendant in a pending action—
(a)the proper officer shall enter the proceedings in the records of the court;
(b)the proper officer shall fix a day for the pre-trial review or, if the court so directs, a day for the hearing of the proceedings and shall prepare and issue an interpleader summons, together with sufficient copies for service;
(c)the summons, together with a copy of the affidavit filed under rule 6(3), shall be served on each of the claimants not less than 21 days before the return day in the same manner as a fixed date summons; and
(d)the proper officer shall deliver or send a plaint note to the applicant.
Payment into court etc
9. Before or after the proper officer proceeds under rule 7 or 8 the registrar may direct the applicant to bring the subject-matter of the proceedings into court, or to dispose of it in such manner as the registrar thinks fit, to abide the order of the court.
Reply by claimant
10.—(1) A claimant shall, within 14 days after service on him of the notice under rule 7(c) or the summons under rule 8(c), file—
(a)a notice that he makes no claim, or
(b)particulars stating the grounds of his claim to the subject matter, together in either case with sufficient copies for service under paragraph (2).
(2) The proper officer shall send to each of the other parties a copy of any notice or particulars filed under paragraph (1).
(3) The court may, if it thinks fit, hear the proceedings although no notice or particulars have been filed.
Order barring claim etc
11.—(1) Where a claimant does not appear on any day fixed for a pre-trial review or the hearing of interpleader proceedings, or fails or refuses to comply with an order made in the proceedings, the court may make an order barring his claim.
(2) If, where the applicant is a defendant in a pending action, the plaintiff does not appear on any day fixed for a pre-trial review or the hearing of the interpleader proceedings, the action including the interpleader proceedings may be struck out.
(3) In any other case where a day is fixed for the hearing of interpleader proceedings, the court shall hear and determine the proceedings and give judgment finally determining the rights and claims of the parties.
(4) Where the court makes an order barring the claim of a claimant, the order shall declare the claimant, and all persons claiming under him, for ever barred from prosecuting his claim against the applicant and all persons claiming under him, but unless the claimant has filed a notice under rule 10 that he makes no claim, such an order shall not affect the rights of the claimants as between themselves.
Relief in pending matter
12. The provisions of this Part of this Order relating to an application for interpleader relief by the defendant to an action shall apply with the necessary modifications to an application for such relief by the respondent to a matter.