What do you understand by “interlocutory Order”?

Question: What do you understand by “interlocutory Order”? [Raj. J.S. 1999]

Find the answer to the mains question only on Legal Bites. [What do you understand by “interlocutory Order”?]

Answer

According to the dictionary meaning, “interim” means “for the time being“, “in the meantime”, “meanwhile“, “temporary“, “provisional” “not final“, “intervening“. The word “interim” when used as a noun means “intervening” and when used as an adjective, it means “temporary” or “provisional“.

Thus, interim or interlocutory orders are those orders passed by a court during the pendency of a suit or proceeding which do not determine finally the substantive rights and liabilities of the parties in respect of the subject matter of the suit or proceeding.

“Interlocutory” means, not that which decides the cause, but that which only settles some intervening matter relating to the cause, a decree, or judgment given provisionally during the course of legal action.

After the suit is instituted by the plaintiff and before it is finally disposed of, the court may make interlocutory orders as may appear to the court to be just and convenient. They are made in order to assist the parties to the suit in the prosecution of their case or for the purpose of protection of the subject matter of the suit.

Courts are constituted for the purpose of doing justice and must be deemed to possess all such powers as may be necessary to do the right and undo the wrong in the course of administration of justice.

Interim orders are necessary to deal with and protect the rights of the parties in the interval between the commencement of the proceedings and final adjudication. They enable the court to grant such relief or to pass such order as may be necessary, just, or equitable. They also prevent any abuse of process during the pendency of proceedings.

Hence, interim or interlocutory proceedings play a crucial role in the conduct of litigation between parties.

Order 39, Rule 6 to 10 deal with certain interlocutory orders which may be passed by the courts

Rule 6: Power to order interim sale

The Court may, on the application of any party to a suit, order the sale, by any person named in such order, and in such manner and on such terms as it thinks fit, of any movable property, is the subject-matter of such suit, or attached before judgment in such suit, which is subject to speedy and natural delay, or which for any other just and sufficient cause, it may be desirable to have sold at once.

Rule 7: Detention, preservation, inspection, etc., of the subject matter of the suit

(1) The Court may, on the application of any party to a suit, and on such terms as it thinks fit,—

1. Make an order for the detention, preservation, or inspection of any property which is the subject-matter of such suit, or as to which any question may arise therein;
2. For all or any of the purposes aforesaid authorize any person to enter upon or into any land or building in the possession of any other party to such suit; and
3. For all or any of the purposes, aforesaid authorize any samples to be taken, or any observation to be made or experiment to be tried, which may seem necessary or expedient for the purpose of obtaining full information or evidence.

(2) The provisions as to the execution of the process shall apply, mutatis mutandis, to persons authorized to enter under this rule.

Rule 8: Application for such orders to be after notice.

1. An application by the plaintiff for an order under Rule 6 or Rule 7 may be made at any time after the institution of the suit.
2. An application by the defendant for a like order may be made at any time after appearance.
3. Before making an order under rule 6 or rule 7 on an application made for the purpose, the Court shall, except where it appears that the object of making such order would be defeated by the delay, direct notice thereof to be given to the opposite party.

Rule 9: When party may be put in immediate possession of the land the subject-matter of the suit.—Where land paying revenue to Government, or a tenure liable to sale, is the subject-matter of a suit if the party in possession of such land or tenure neglects to pay the Government revenue or the rent due to the proprietor of the tenure.

As the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may, upon payment of the revenue or rent due previously to the sale (and with or without security at the discretion of the Court), be put in immediate possession of the land or tenure.

The Court in its decree may award against the defaulter the amount so paid, with interest thereon at such rate as the Court thinks fit, or may charge the amount so paid, with interest thereon at such rate as the Court orders, in any adjustment of accounts which may be directed in the decree passed in the suit.

Rule 10: Deposit of money, etc., in Court.—Where the subject-matter of a suit is money or some other thing capable of delivery and any party thereto admits that he holds such money or other things as a trustee for another party, or that it belongs or is due to another party, the Court may order the same to be deposited in Court or delivered to such last-named party, with or without security, subject to the further direction of the Court.

It is also notable that orders which give direction to appoint a receiver also come under the expression “Interlocutory orders”. Order 40 deals with “Appointment of a receiver”.

It is also notable that Section 94 (supplemental proceedings) also provides – “In order to prevent the ends of justice from being defeated the court may if it is so prescribed, make such other interlocutory orders as may appear to the court to be just and convenient”.

---

Important Mains Questions Series for Judiciary, APO & University Exams

1. CPC Mains Questions Series: Important Questions Part – I of X
2. CPC Mains Questions Series: Important Questions Part – II of X
3. CPC Mains Questions Series: Important Questions Part – III of X
4. CPC Mains Questions Series: Important Questions Part – IV of X
5. CPC Mains Questions Series: Important Questions Part – V of X
6. CPC Mains Questions Series: Important Questions Part – VI of X
7. CPC Mains Questions Series: Important Questions Part – VII of
8. CPC Mains Questions Series: Important Questions Part – VIII of X
9. CPC Mains Questions Series: Important Questions Part – IX of X
10. CPC Mains Questions Series: Important Questions Part – X of X