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AppeaL against interlocutory orders (Civil Law)

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This query is : Resolved


Author : Member (Account Deleted)

Posted On 23 December 2010 at 03:31

Can we challenge illegal interlocutory orders of a writ proceeding after the judgment has been pronounced ?

It has connection with my other query under heading "Vitiated proceedings....."




Expert : s.subramanian

Posted On 23 December 2010 at 07:17

Once the mian proceeding i.e. the writ itself is disposed off, no appeal can be filed on the interim order passed in such writ petition.



Expert : adv. rajeev ( rajoo )

Posted On 23 December 2010 at 07:33

No. When writ it self is disposed off you cannot challenge the interlocutory order



Expert : Kirti Kar Tripathi

Posted On 23 December 2010 at 08:37

once writ petition is disposed of, all the orders passed in that writ merged with final order, no appeal against any order lies. Moreover, the final order of the writ can be challenge, in which the validity of interim order can be questioned.



Expert : Pritam Saini, Advocate

Posted On 23 December 2010 at 12:53

I agree with Mr. kirti



Expert : Devajyoti Barman

Posted On 23 December 2010 at 16:52

Yes the views are right.



Expert : Advocate. Arunagiri

Posted On 23 December 2010 at 22:07

I agree with Mr.Tripathi.



Expert : Arun Kumar Bhagat

Posted On 24 December 2010 at 20:24

If the judgement is passed within the appeal/revision period of interlocutory order you can always challenge because it is your unfettered right. I disagree with all earlier replies.



Author : Member (Account Deleted)

Posted On 25 December 2010 at 01:55

Mr. Arun Bhagat kindly refer any citation for same.
Can we file an appeal against such interlocutory order with an application for condonation of delay, if there is a delay?



Expert : Arun Kumar Bhagat

Posted On 25 December 2010 at 14:23

Delay may or may not be condoned. It depends upon the factual aspects of the case. After passing of the interlocutory order if you have further participated in the hearing without disclosing your intention to the Court that you intend to challenge the interlocutory order in appellate forum so the matter should be adjourned, then you lose your right to challenge the said order. If you have not participated further in the matter and expressed your intentions then the revision/appeal lies.


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