INTERLOCUTORY APPLICATIONS (IA)

INTERLOCUTORY APPLICATIONS (IA)

Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters.

INTERLOCUTORY APPLICATIONS (IA)

Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters.

Drafting of Interlocutory Application: The grounds on which application is moved should to the extent possible be stated in the words of the law under which the application is fitted. For ex., in an application for setting aside an expert decree against the defendant, the defendant should say that "the summons was not duly served" or that "the defendant was prevented by any sufficient cause from appearing when the suit was called on for the hearing". It is not advisable to employ a language different from the law under which the application is made. Like a plaint every application should have a heading and a title. The name of the Court should be given at the top and thereafter should follow the name of the applicant and the opposite party. When the . application is moved in connection with a suit or proceeding, the number and the cause title of that suit or proceeding alone should be given after the name of the court. The body of the application should be either in the form of petition: "The humble application of the plaintiff in the above mentioned suit, respectfully submits as follows' or it may be written like plaint. "Application for restituting under section 144, CPC by the defendant in the above mentioned suit

The applicant humbly begs to submit as follows:
It is not absolutely necessary that the law under which the application is filed should be given.
Like pleadings facts in the application should be stated in brief and concise language. The application should be divided into paragraphs and one paragraph as far as possible should narrate one allegation except where two or more allegations are so connected with each other that it is better to give them in one paragraph. With some application affidavits are filed and if in such cases the facts are too long things need not be narrated in the application. They should only be narrated in the affidavit and in such cases the application should be worded in some such form:
"For the reasons above in the annexed affidavit, the applicant prays that etc".
The application should end with a prayer. The payer should be in the following form:
"The applicant! Plaintiff! Defendant, therefore prays": etc.
After prayer, should follow the signature of the applicant where law requires the verification, the application should also be verified.
Examples of Interlocutory Applications Provided under CPC
a) Application under order 6 Rule 17 CPC for amendment,
b) Application under section 95 CPC for compensation for arrest or attachment before judgment on insufficient grounds.
c) Application under sec. 144 for restitution.
d) Application under sec. 151.
e) Application under sec. 152 for amendment of judgments, decrees or orders,
f) Application under order IX Rule4 for setting aside an order dismissing a suit for default of the parties,
g) Application under order IX Rule 9 CPC for setting aside and order dismissing a suit for plaintiff's default,
h) Application under order IX Rule I, for leave to deliver interrogatories,
i) Objections under sec. 47 or sec.60.
j) Objections under order XXI Rule 58, or order XXI Rule 89, 90, 91, or order XXI, Rule 98,
k) Substitution applications under order XXII CPC.
l) Application under order XXVIII Rule 1 or Rule 5,
m) Applications under order XXIX. For an interim injunctions, application under order XL, for appointment of receiver,
n) Application under order XLVII for review.

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