Interlocutory Application:

Interlocutory means, which doesnt decides the cause but only settles some intervening
matter relating to the cause. After the suit is instituted by the plaintiff and before it is finally
disposed off, the court may make interlocutory orders as may appear to the court to be just
and convenient. The power to grant Interlocutory orders can be traced to Section 94 of C.P.C.
Section 94 summarises general powers of a civil court in regard to different types of
Interlocutory orders. The detailed procedure has been set out in the Schedule I of the C.P.C
which deals with Orders and Interlocutory orders which may take various shapes depending
upon the requirement of the respective parties during the pendency of the suit. Applications
for appointment of Commissioner, Temporary Injunctions, Receivers, payment into court,
security for cause, and etc.
Out of these various interlocutory orders that can be passed, the court is called upon to decide
questions regarding grant of temporary injunction, receivers and commissions more
frequently than other interim orders
An interlocutory proceedings have to be decided keeping in view of the Rules made under the
Civil Rules of Practice particularly Rules 29 to 32 of Civil Rules of Practice which govern the
procedure. The court has to adhere to the procedure prescribed therein.
Interlocutory Order (O 39, r 6-r10 )
Interlocutory orders are somewhat similar to temporary injunctions. Interlocutory order only
settles intervening matter relating to the cause. Such orders are made to secure some end and
purpose necessary and essential to the progress of case and generally collateral to the issues
to be settled by the court in the final judgment. These orders are also of different natures,
such as:

Interim Sale: Interim sale of any movable property may be ordered, if it is subject to
natural decay, such as vegetable etc.

Detention Preservation , Inspection, etc of subject matter of suit

The court may order for:

1. Detention, preservation or inspection of property or documents.

2. Authorize any person to enter into any land or building, which is in the possession of
other party, for the purposes of detention, preservation or inspection etc.
3. To authorize any person to take samples.

Deposit of Money: If the subject matter of suit is money, or movable

Property, the court may order the person holding the money in dispute to be deposited
in the court.

Order of "Res judicata" ( Some issue cannot be raised, once decided) ( sec 10 & 11)

"Res Judicata" means an issue, which has already been decided by the court, in a
previous case, cannot be raised again in a subsequent case.

If such an issue, which is raised again, is substantial and material in

a case, then the court may dismiss the whole case out rightly, before final hearing

Civil Rules of Practice Relevant Rules:

(a) Form of Interlocutory application Rule 53: Interlocutory applications shall be headed
with the cause title of the plaint, original petition, or appeal.
(b) Contents Rule 54: Except where otherwise provided by these rules or by any law for
the time being in force, an Interlocutory Application shall state the provision of law under
which it is made and the order prayed for or relief sought in clear and precise terms. The
applications shall be signed by the applicant or his Advocate who shall enter the date on
which such signature is made. Every application in contravention of this rule shall be
returned for amendment or it shall be rejected.
(c) Separate application for each distinct prayer Rule 55: There shall be separate
application in respect of each distinct relief prayed for. When several reliefs are combined in
one application, the court may direct the applicant to confine the application only to one of
such reliefs unless the reliefs are consequential; and to file a separate application in respect of
each of the others.

(d) When the I.A. may be rejected Rule 56: Every application which does not pray for a
substantive order but prays merely that any other application may be dismissed, and every
application which prays for an order which ought to be applied for on the day fixed for the
hearing of any suit, appeal, or matter, may be rejected with costs.
(e) Proof of facts by affidavit: Rule 60: Any fact required to be proved upon an interlocutory
proceeding shall unless otherwise provided by these rules, or ordered by the Court, be proved
by affidavit but the Judge may, in any case, direct evidence to be given orally, and thereupon
the evidence shall be recorded, and exhibits marked, in the same manner as in a suit and list
of the witness and exhibits shall be prepared and annexed to the judgment.
5. Service of Notice on application & Affidavit:
(a) Three days notice: (Rule 58): (1) Unless the Court otherwise orders, notice of an
interlocutory application shall be given to the other parties to the suit or matter or their
Advocates, not less than three days before the day appointed for the hearing of the
application.
(b) Service on Advocate: (2) Notice shall be served on the Advocate whenever the party
appears by such Advocate.
(c) Service on Party appearing in person: (3) Notice of the application may be served on a
party not appearing by Advocate, by registered post acknowledgement due, or by speed post
or by an approved courier service or by fax message or by electronic mail service or by such
means, to the address given in the pleading and in the event of its non-service on the party, by
means of summons to be delivered to the party or in the event of the party being absent or
refusing to receive the same, by affixture at his address.
(d) Copies to be served on opposite party not less than 3 clear days in advance: (Rule
59) Every interlocutory application shall be supported by an affidavit and true copies of the
application, affidavit and the documents, if any, which the applicant intends to use or on
which he intends to rely, shall be furnished to the opposite party or his advocate unless
otherwise ordered, not less than three clear days before the hearing date.

(e) Filing (Rule 44): Before any affidavit is used it shall be filed in court but the Judge may,
with the consent of both parties, or in case of urgency allow any affidavit to be presented to
the court and read on the hearing of an application.
(f) Notice of Filing (Rule 45): The party filing affidavit intended to be read in support of an
application shall give not less than two days notice thereof to the other parties, who shall be
entitled to inspect and obtain copies of the same, and to file counter-affidavits and shall give
notice thereof to the applicant, who may inspect and obtain copies of the same; and file
affidavits in reply; but, except with the leave of the court no further affidavit shall be filed or
read. If any party fails to give notice of filing an affidavit the court may grant an
adjournment of the hearing and order the party in default to pay the costs thereof.
(g) Out of Order petition Rule 57: Whenever it is intended to move the application as an
urgent (out of order) application, the copy of the application served on the Advocate or the
party appearing in person shall contain an endorsement stating that the application is intended
to be moved as an urgent application on the day specified in the endorsement.

A conspectus of the decisions of this Court establishes the following propositions:

(i) An order which does not determine the right of the parties but only one aspect of the suit
or the trial is an interlocutory order
(ii) The concept of interlocutory order has to be explained in contra-distinction to a final
order. If an order is not a final order it would be an interlocutory order.
Case Laws(1)The Apex Court in Central Bank of India Ltd. v. Gokal Chand 1, while considering the
scope of the expression "the Order of the Controller" under the Delhi Rent Control Act, 1958
has held that though the words are very wide, do not include interlocutory orders which are
merely procedural and do not affect the rights and the liabilities of the parties, and that all
interlocutory orders like the orders regarding summoning of the witnesses, discovery,
production and inspection of documents and inspection are passed towards final adjudication

1AIR 1967 SC 799

and for the purpose of prosecution of a case, and they regulate the procedure only and do not
affect any right or liability of the parties
(2) Allahabad High Court in Standard Glass Beads Factory v. Shri Dhar 2, it was held that
an order of Single Judge granting a temporary injunction for being interlocutory order having
decided some rights of the parties was therefore appealable. It was further held that an
interlocutory order though not conclusive of the main dispute may be conclusive as to
subordinate matter with which it deals.
(3) KANWAR SINGH SAINI'S Case
In other words when the word 'decree' used in Order XXI Rule 32 is only referable to a
decree passed in a suit for permanent injunction after conducting necessary trial, an order
passed in an interlocutory application under Order XXXIX Rules 1 and 2 CPC cannot be
equated with that word 'decree' for the purpose of taking recourse under the former provision
when there was violation of the interlocutory order
(4) In this context in POLAVARAPU NAGAMANI's case it was held as follows:
"To prevent the ends of justice from being defeated" the civil Court can pass any orders as
specifically mentioned in Section 94(a) to (d) and is also empowered to make any order
which it appears to be just and convenient to meet the ends of justice. Section 95 is intended
to prevent abuse of power of Court and makes a party obtaining temporary injunction or an
order of arrest or an order of attachment without sufficient grounds, liable for compensation
at the behest of the party who suffers arrest/attachment or temporary injunction. It is settled
law that ordinarily no Court can pass an interlocutory order if it has effect or tend to be
susceptible of an inference of prejudging some important or sensitive issue in the main
matter.

2 AIR 1960 All 692