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) – Legal Overview
Definition:An Interlocutory Application (IA) is a petition filed during the pendency of a suit or proceeding, seeking an interim relief or order from the court. These applications are not meant to decide the main matter but to address issues that arise before the final judgment.
Purpose:
The objective of filing an IA is to:
Secure the ends of justice
Prevent abuse of the process of the court
Maintain status quo or protect rights/interests of the parties temporarily
Common Types of Interlocutory Applications:
Type of IA | Purpose |
Temporary Injunction (Order 39 CPC) | To restrain a party from doing certain acts pending final decision |
Appointment of Receiver (Order 40 CPC) | To safeguard property in dispute |
Commission (Order 26 CPC) | To record evidence, local investigation, or inspection |
Amendment of Pleadings (Order 6 Rule 17) | To seek permission to alter or add to the pleadings |
Condonation of Delay | To seek extension of time or condone delay in filing |
Stay of Proceedings | To temporarily halt the main suit/proceedings |
Security for Costs (Order 25 CPC) | To ensure defendant's expenses are secured |
Interim Maintenance (Family matters) | For temporary financial support pending final adjudication |
Legal Provisions:
Civil Procedure Code, 1908 (CPC): Contains many provisions for IA in different Orders and Rules (e.g., Order 39, Order 40, Order 26, etc.)
Section 94 & 151 CPC: Provide the court with inherent powers to pass interim orders to prevent injustice
Family Laws, Arbitration Act, and other statutes also permit IAs under specific contexts
Procedure:
IA is filed with an affidavit stating facts supporting the prayer.
The opposite party is notified and given an opportunity to reply.
The court hears both sides and may grant or reject the application with reasons.
An IA can be appealable or revisable, depending on the nature of the order.
Examples of Situations Requiring an IA:
Preventing demolition of property until suit is decided
Granting custody of minor children temporarily
Requesting the court to record evidence of a dying witness
Conclusion:
Interlocutory Applications are an essential part of procedural law, allowing courts to ensure justice is served even before a case is fully decided. They play a crucial role in safeguarding the interests of parties during litigation.
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.
