In Indian civil litigation, an Interlocutory Application (IA) plays a crucial role in facilitating justice before the final disposal of a case. These are applications made during the pendency of a suit or legal proceeding to seek interim reliefs or directions from the court.
What is an Interlocutory Application?
An Interlocutory Application is a subsidiary or interim application filed during the course of a suit, appeal, or execution proceeding. The purpose is to preserve the rights of the parties or prevent injustice pending the final adjudication.
Example: Application for temporary injunction, stay order, amendment of pleadings, appointment of receiver, etc.
Legal Framework: Civil Procedure Code, 1908
While the term “interlocutory” is not explicitly defined in the CPC, various Orders and Sections govern different types of interlocutory applications:
- Order 39 CPC – Temporary Injunctions and Interlocutory Orders
- Order 6 Rule 17 – Amendment of pleadings
- Order 38 – Arrest before judgment and attachment before judgment
- Section 151 CPC – Inherent powers of the court
Purpose and Importance of Interlocutory Applications
- To protect the subject matter of the suit
- To ensure fair trial and balance of convenience
- To avoid delay or abuse of process
- To maintain status quo
Case Law: Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal (AIR 1962 SC 527) – Court can grant interim relief under its inherent powers even if not expressly provided under CPC.
Common Types of Interlocutory Applications
| Type of IA | Relevant Provision | Purpose |
|---|---|---|
| Temporary Injunction | Order 39 Rules 1 & 2 CPC | Prevents action that may cause irreparable loss |
| Amendment of Pleadings | Order 6 Rule 17 CPC | Allows parties to modify pleadings |
| Arrest Before Judgment | Order 38 Rule 1 CPC | Prevents absconding of defendant |
| Attachment Before Judgment | Order 38 Rule 5 CPC | Secures property to satisfy decree |
| Appointment of Receiver | Order 40 CPC | Protects disputed property through court-appointed manager |
| Stay of Proceedings | Section 10 CPC | Prevents parallel litigation |
| Discovery and Inspection | Order 11 CPC | Ensures exchange of documents |
| Interim Maintenance (Family Disputes) | Section 24 of Hindu Marriage Act / CrPC Section 125 | Support during pendency |
Procedure for Filing an Interlocutory Application
- Drafting of Application
- Mention the title of the suit/case
- Clearly state the interim relief sought
- Attach supporting affidavit and documents
- Filing in the Court
- IA is numbered separately from the main suit
- Usually accompanies the plaint or written statement** or filed during proceedings
- Notice to Opposite Party
- Court issues notice to other side, unless ex-parte relief is sought
- Hearing and Order
- Arguments heard
- Court passes interim or final order on the application
Key Principles in Granting Interlocutory Relief
- Prima Facie Case – The applicant must show a strong case
- Irreparable Harm – There must be risk of harm that cannot be compensated later
- Balance of Convenience – The hardship to applicant must outweigh that to the opposite party
Case Law: Dalpat Kumar v. Prahlad Singh (1992) – Interim relief cannot be granted without prima facie case.
Dismissal or Rejection of IA
An interlocutory application can be rejected if:
- It lacks substance or urgency
- Relief sought is contrary to law
- Application is malafide or to delay trial
Summary Table: Interlocutory Applications Overview
| Aspect | Details |
|---|---|
| Meaning | Interim application filed during suit or legal proceedings |
| Purpose | To preserve status quo or prevent injustice |
| Governed by | Orders 6, 11, 38, 39, 40, Section 151 CPC |
| Relief Type | Temporary injunction, amendment, arrest/attachment before judgment, etc. |
| Principles for Relief | Prima facie case, irreparable injury, balance of convenience |
