Some concepts
Querist :
Anonymous
(Querist) 08 November 2011
This query is : Resolved
interim order and interlocutory order.
revision lies in both cases or only in interlocutory orders.pls explain how interim order differ fro interlocutory order.
prabhakar singh
(Expert) 08 November 2011
I HAVE DEALT THIS TOPIC IN PAST BUT
UNFORTUNATELY NOW A DAYS EVERY ONE WANTS
FAST FOOD.
ONLY A LAWYER OR A LAW STUDENT MAY BE
INTERESTED IN THESE TOPICS. TO REMIND YOU
THEN IS MY RIGHT THAT THERE IS NO ANSWER
TO HARD LABOR.LEARNING IS A ZEAL WHICH MUST
NOT DIE AT ANY POINT OF TIME.
ANYWAY NOW ADDRESSING TO YOUR QUEST.::
“Interlocutory” means, means not that
decides the cause but which only
settles some intervening matter
relating to the cause.
After the suit is instituted
and before it is finally
disposed off, the court may make
"interlocutory orders" as may appear
to the court to be just and convenient.
So the term it self speaks its meaning.'A'
is the point of institution of suit and 'z'
is the point of its' final decision;so all
orders passed between points 'a' and 'z'
are interlocutory orders.
. The power to grant Interlocutory orders
can be traced to Section 94 of C.P.C.
Section 94 summarises general powers of a
civil court in regard to different types of
interlocutory orders.
The detailed procedure has been set out in
the I Schedule of the C.P.C which deals
with Orders and Rules.
Interlocutory orders may take various
shapes depending upon the requirement of
the respective parties during the pendency
of the suit.
Applications for appointment of
Commissioner, Temporary Injunctions,
Receivers, payment into court, security for
cause, and etc.
The court is called upon to decide
questions regarding grant of temporary
injunction,receivers and commissions more
frequently than other interim orders.At
this juncture it might have gone it clear
to you the two terms'interlocutor'and
'interim'are siblings,synonymous to each
other as interim means 'in-between'.
Then nature or tenure of these orders are
temporary,for time being,they last unless
point 'z' is not arrived at.Hence what is
'not permanent' is called 'temporary'e.g.,
in a suit you may seek 'permanent
injunction'under Sections 38 to 42 of the
Specific Relief Act, 1963.;while before
your suit reaches for this point'z'you may
mean while invoke the provisions of Order
39 of the Code of Civil Procedure and it
may be granted at any stage of the suit
between points 'A'and 'z'
As regards to appeal,when a statute
recognizing a right does not provide for
an appeal against a source order,temporary
then we look if any revision[s115cpc]lies
and when we do not find even revision as
remedy against the source order we file
a writ under article 226 of the
constitution claiming no alternate left.
