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What Is an Interlocutory Order Under Civil Procedure Code?

Posted by jobseeker Chanchal Bhati | Approved
Answers (2)

An interlocutory order under the Civil Procedure Code (CPC), 1908 refers to a temporary or interim order passed by a court during the pendency of a civil suit, before the final judgment is delivered. These orders are made to preserve the status quo, protect the interests of the parties, or ensure the smooth progress of the trial. They do not decide the final rights of the parties but address urgent or procedural matters requiring immediate attention.

Answered by jobseeker Vipra | Approved

What Are Interlocutory Orders?
An interlocutory order is a judicial order issued by a court that is not final but addresses a specific issue arising during the pendency of a case. These orders are ancillary to the main proceeding and aim to assist in the effective adjudication of the matter.

Unlike a final decree, an interlocutory order does not decide the rights and liabilities of parties conclusively but ensures that justice is not impeded during litigation.

Objectives of Interlocutory Orders
1. Interlocutory orders help prevent irreparable harm to parties by maintaining the status quo or addressing urgent issues.
2. These orders ensure a fair trial by resolving procedural or evidentiary disputes during the course of litigation.
3. They protect the rights and interests of parties by providing temporary relief, such as injunctions or appointments of receivers.
4. Interlocutory orders can simplify and expedite the litigation process by resolving specific issues promptly.

Prior Notice Before Passing Interlocutory Order
The court must give notice to the opposite party before making any interlocutory order. If a delay occurs in imparting justice to the party by serving a prior notice, then the interlocutory order can still be passed without serving the notice.

The court can also make an interlocutory order in the following matters:
1. Where the subject matter of a suit is money, or
2. Some other thing capable of delivery, and a party to a suit admits that he holds such money or thing as a trustee for another party.
In the above two cases, the court can make an interlocutory order and order to deposit the money or the thing (capable of delivery) into the custody of the court.

Supreme Court in the matter of Ramakant Ambala Choksi v. Harish Ambala Choksi & Othrs. has held that interlocutory orders passed by the trial court can only be vacated by the Appellate Court if found perverse or arbitrary and not otherwise.

Types of Interlocutory Orders:
Interlocutory orders can be classified into several categories based on their purpose and effect:
Interim Injunctions: These are temporary orders that prevent a party from taking specific actions until the case is resolved.
Stay Orders: These orders suspend the proceedings or the enforcement of a judgment pending the outcome of an appeal or further proceedings.
Orders for Discovery: These orders compel a party to disclose documents or information relevant to the case.
Orders for Amendment: These allow parties to amend their pleadings to correct errors or include new facts.

Section 94: General Powers of Court:
Section 94 empowers the court to make various interlocutory orders as it deems necessary for the ends of justice or to prevent abuse of the process of the court.
This section provides the court with broad discretion to issue orders that facilitate the smooth conduct of proceedings.
Order XXXIX: Rules Regarding Temporary Injunctions & Interlocutory Orders:
Order XXXIX of the CPC specifically deals with temporary injunctions.
It outlines the conditions under which a court may grant an injunction to restrain a party from doing a particular act or to compel a party to do a specific act.
The key considerations include:
The likelihood of success on the merits of the case.
The possibility of irreparable harm to the applicant.
The balance of convenience between the parties.

Power of Appellate Court:
Appealable Orders: Order XLIII specifies the orders that can be appealed. These include, but are not limitedto: Orders under Rule 1 of Order XXXIX (temporary injunctions).
Orders under Rule 4 of Order XXXIX (orders refusing to grant temporary injunctions).
Orders under Rule 1 of Order XL (appointment of a receiver).
Orders under Rule 2 of Order XLI (orders relating to the execution of decrees).

Answered by jobseeker Aanchal Jha | Approved

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