What is interlocutory order under CPC?

What is interlocutory order under CPC?

Interlocutory order (o39 , r 6-r10 ) 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.

What are the types of interlocutory applications?

There are various categories of Interlocutory application, the appointment of commissioner under Order 26, attachment before Judgment order 38 ,temporary injunction under Order 39 appointment of receiver order 40 etc., The purpose of interlocutory application is to enable the parties to get temporary relief pending the …

When can an interlocutory application be filled?

Where limitation has not been prescribed by the Rules or under any other provision of law, every interlocutory application or miscellaneous application shall be filed within thirty days from the date of the order or the cause and shall be accompanied by an application for condonation of delay in case the same is barred …

What are interlocutory matters?

Interlocutory proceedings focus on the rights of the parties regarding the trial including issues such as applications for extension of time, ordering a party to follow the court’s directives or applications for temporary relief before the final decision.

What is an interlocutory order give examples?

Examples of Interlocutory Orders: Appointment of Commissioner to conduct search and seizure. Temporary Injunctions. Appointment of Court Receiver to collect rent or payments, Payment into court.

What are interlocutory proceedings?

Interlocutory proceedings are for dealing with a specific issue in a matter – usually between the filing of the application and the giving of the final hearing and decision. An interlocutory application may be for interim relief (such as an injunction) or in relation to a procedural step (such as discovery).

What are interlocutory procedures?

Interlocutory procedures are designed to stop the matters worsening. “Interlocutory” means it is a court hearing before the actual trial. o The court can, in the intervening period, stop the parties doing something which makes the judgment futile.

What is a interlocutory application?

An interlocutory application is an application to a court to make an order before the court makes a final order in the proceeding.

What is interlocutory process?

Which is not interlocutory order?

P.C is not an interlocutory order and a revision petition against the same is maintainable.

What is the difference between interim order and interlocutory order?

The interlocutory injunctions are those which continue until the hearing of the cases upon the merits, or generally until further order. While the former is generally classed as ad interim injunction, the latter is generally called “temporary injunction”.

Is charge interlocutory order?

Order framing charge may not be held to be purely an interlocutory order and can in a given situation be interfered with under Section 397(2) CrPC or 482 CrPC or Article 227 of the Constitution which is a constitutional provision but the power of the High Court to interfere with an order framing charge and to grant …