Law:

Section:

(a) Civil Procedure Code (V of 1908)--- ----S. 88, O. XXXV, Rr. 1, 2 & 5---Suit of interpleader---Scope---Plaintiff company issued SKUK certificates and defendant purchased 72 certificates---Plaintiff asserted that said certificates were sold to another company---Interpleader suit filed by plaintiff was rejected by Trial Court on the ground that same was not maintainable---Validity---Interpleader suit was instituted for the purpose of obtaining a decision from Court as to the person to whom payment or delivery would be made and from whom indemnity for himself was to be obtained---Main issue to be decided by Court in interpleader suit with respect to a debt, sum of money or other property, movable or immovable was to whom payment or delivery was to be made---No Court of competent jurisdiction had declared that transfer of 72 certificates in favour of another company were on the basis of genuine certificates and holders of said certificates had purchased the genuine certificates---Till declaration of genuineness of disputed certificates by competent Court of jurisdiction both the parties would enjoy status of adversaries of each other---Competent Court of law was yet to opine about the role of defendant it refused to stop sale and purchase of disputed certificates on the request of plaintiff even on coming to know that fraud had been alleged by plaintiff regarding certificates in the name of defendant---High Court set aside and decree passed by Trial Court as it failed to appreciate true facts and law of the case---Suit was maintainable before Trial Court and it was wrongly rejected---Appeal was allowed in circumstances. Bolan Beverages (Pvt.) Limited v. PEPSICO. INC and 4 others PLD 2004 SC 860; Haji Abdul Karim and others v. Messrs Florida Builders (Pvt.) Limited PLD 2012 SC 247; Hashim Khan v. National Bank of Pakistan, Head Office at I.I. Chundrigar Road, Karachi and Branch Office at M.A. Jinnah Road, Quetta PLD 2001 SC 325; N.M.N. Duraishwami Chettiar v. The Dindigul Urban Co-operative Bank Ltd. and another AIR 1957 Madras 745; Bombay, Baroda and Central India Railway Company v. Jacob Elias Sassoon and others ILR 1893 Bombay Series 231; Chhaganlal…

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