The plaintiff claims— — THE CODE OF CIVIL PROCEDURE, 1908 ARRANGEMENT OF SECTIONS

9. The plaintiff claims— (1) that the defendants be restrained, by injunction, from taking any proceedings against the plaintiff in relation thereto; (2) that they be required to interplead together concerning their claims to the said property; [(3) that some person be authorised to receive the said property pending such litigation;] (4) that upon delivering the same to such [person] the plaintiff be discharged from all liability to either of the defendants in relation thereto. No. 41 ADMINISTRATION BY CREDITOR ON BEHALF OF HIMSELF AND ALL OTHER CREDITORS (Title) B., the above-named plaintiff, states as follows:— E.F. late of................. , was at the time of his death, and his estate still is, indebted to the plaintiff in the sum of....................... [here insert nature of debt and security, if any] . E.F. died on or about the........................... day of.......................By his last will, dated the........... day of.............he appointed C.D. his executor [or devised his estate in trust, etc., or died intestate, as the case may be] . The will was proved by C.D. [or letters of administration were granted, etc.]. The defendant has possessed himself of the movable [and immovable], or the proceeds of the immovable property of E.F. and has not paid the plaintiff his debt. [As in paras. 4 and 5 of Form No. 1.] The plaintiff claims that an account may be taken of the movable [and immovable] property of E.F., deceased, and that the same may be administered under the decree of the Court. No. 42 ADMINISTRATION BY SPECIFIC LEGATEE (Title) [Alter Form No. 41 thus] [Omit paragraph 1 and commence paragraph 2] E.F. late of ..... , died on or about the............... ........... day of ...................... By his last will, dated the ................... day of........ he appointed C.D., his executor, and bequeathed to the plaintiff [here state the specific legacy] . For paragraph 4 substitute— The defendant is in possession of the movable property of E.F., and, amongst other things, of the said [here name the subject of the specific bequest] . For the commencement of paragraph 7 substitute— The plaintiff claims that the defendant may be ordered to deliver to him the said [here name the subject of the specific bequest] , or that, etc. No. 43 ADMINISTRATION BY PECUNIARY LEGATEE (Title) [Alter Form No. 41 thus] [Omit paragraph 1 and substitute for paragraph 2] E.F, late of.......... ........................, died on or about the .............. day of ............................................... By his last will, dated the...........................................day of...................... he appointed C.D. his executor, and bequeathed to the plaintiff a legacy of............ rupees. In paragraph 4 substitute “legacy” for “debt” Another form (Title) F, the above-named plaintiff, states as follows:— A. B. of K. in the…………………died on the……………. Day of….………….……by his last will, dated the........... day of..............., he appointed the defendant and M.N. [who died in the testator’s lifetime] his executors, and bequeathed his property, whether movable or immovable, to his executors in trust, to pay the rents and income thereof to the plaintiff for his life; and after his decease, and in default of his having a son who should attain twenty-one, or a daughter who should attain that age or marry, upon trust as to his immovable property for the person who would be the testator's heir-at-law, and as to his movable property for the persons who would be the testator’s next-of-kin if he had died intestate at the time of the death of the plaintiff and such failure of his issue as aforesaid. The will was proved by the defendant on the...............................day of........................The plaintiff has not been married. The testator was at his death entitled to movable and immovable property; the defendant entered into the receipt of the rents of the immovable property and got in the movable property; he has sold some part of the immovable property. [As in paras. 4 and 5 of Form No. 1.]

Section 9