Legal Dictionary of Pakistan

Quick lookup for English, Urdu, and Latin legal terms used in Pakistani jurisprudence.

Beaupleader

[law french "fair pleading"] hist. 1. A fine imposed for bad or unfair pleading. 2. A writ of prohibition that prevented a sheriff from taking a fine for bad pleading. ( the statute of marlbridge (1267) prohibited the taking of fines for this type of pleading. See writ of prohibition.

Impleader

n. A procedure by which a third party is brought into a lawsuit, esp. by a defendant who seeks to shift liability to someone not sued by the plaintiff. Fed. R. Civ. P. 14. - Also termed third party practice; vouching-in. Cf. INTERPLEADER; INTERVENTION (1).

Interpleader

n. 1. A suit to determine a right to property held by a usu. disinterested third party (called a stakeholder) who is in doubt about ownership and who therefore deposits the property with the court to permit interested parties to litigate ownership. 0 Typically, a stakeholder initiates an interpleader both to determine who should receive the property and to avoid multiple liability. Fed. R. Civ. P. 22. See STAKEHOLDER (1). Cf. IMPLEADER; INTERVENTION (1). 2. Loosely, a party who interpleads.

Pleader

1 A party who asserts a particular pleading. 2. A person who pleads in court on behalf of another. 3. Hist. At common law, a person who (though not an attorney) specialized in preparing pleadings for others. - Also termed special pleader. 4. Hist. NARRATOR.

bill in the nature of interpleader.

A bill of interpleader filed by a person claiming an interest in interpleaded property.

bill of interpleader.

An original bill filed by a party against two or more persons who claim from that party the same debt or duty. The requesting party asks the court to compel the contenders to litigate their rights to establish to whom the debt or duty is due. SeeINTERPLEADER."The common law offered the stakeholder no relief, in that if he paid in good faith to one claimant, he might nevertheless be sued by and required to pay another claimant. And a judgment at law in favor of one claimant against the stakeholder was no defense to an action against the stakeholder by another claimant. However, in equity the bill or suit of interpleader offers him a remedy in that he may interplead (bring) into one action all of the claimants, turn the money or property over to the court, be himself dismissed from the proceeding, and have the court decide which of the claimants is entitled to the fund or property ...." William Q. de Funiak, Handbook of Modern Equity ยง 108, at 241-42 (2d ed. 1956).

faint pleader

A false, fraudulent, or collusive manner of pleading.

judgment of repleader

See REPLEADER.

motion for a repleader

Common-law pleading. An unsuccessful party's posttrial motion asking that the pleadings begin anew because the issue was joined on an immaterial point. ( The court never awards a repleader to the party who tendered the immaterial issue.

repleader

Common-law pleading. A court order or judgment - issued on the motion of a party who suffered an adverse verdict - requiring the parties to file new pleadings because of some defect in the original pleadings. - Also termed judgment of repleader.

special pleader

See PLEADER.