Write a short note on Interlocutory Suit.

Question: Write a short note on Interlocutory Suit.

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Answer

“Interlocutory application” means an application to the Court in any suit, appeal, or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order. The orders which are passed in those applications are called interlocutory orders.

An interlocutory order is an order that does not finally determine the rights, duties, and obligations of the parties to a proceeding. Interlocutory orders may take various shapes depending on the respective parties' requirements during the suit's pendency.

According to Stroud, interlocutory order means an order other than a final judgment. Such an order is made with an application for the appointment of a Commissioner, Temporary Injunctions, Receivers, payment into court, security for cause, etc.

However, an interlocutory order would be a judgment if it has the quality of finality attached to it. In passing any interlocutory order, it is the duty of the Court to keep in view that the rights of the parties are not jeopardized and the ends of justice are not defeated.

Section 94 summarises the general powers of a civil court in regard to different types of Interlocutory orders. The detailed procedure has been set out in the Schedule of the C.P.C which deals with Orders and Rules.

As the court has held in the case of Sub Committee of Judicial Accountability v. UOI, AIR 1992 SC 63; the Court will abstain from passing an interlocutory order which has an effect or tends to be susceptible, to an inference of pre-judging some of the important and delicate issues that require to be decided in the main matter.

The interlocutory orders can always be challenged in appeal when an appeal is filed against the final orders.

As observed in Surya Vadanan v. State of Tamil Nadu, AIR 2015 SC 2243, a violation of an interim or interlocutory order passed by a court of competent jurisdiction ought to be viewed strictly if the rule of law is to be maintained. No litigant can be permitted to defy or decline adherence to an interim or interlocutory order of a court merely because he or she is of the opinion that the order is incorrect— that has to be judged by a superior court or by another court having jurisdiction to do so.

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