Interlocutary application ??

Shantanu Wavhal (Querist) 25 January 2012 This query is : Resolved
1) What is the difference betn -
Interlocutary Application &
Intermediate Application ??

2) Can IA s be filed on the date of hearing only / on any day betwn 2 hearings ??

My adv says - IA can be given only on date of hearing

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VENKATESH HEGDE (Expert) 25 January 2012
Dear mr. Amit

According to CPC, An interlocutory application means an application to the Court in any suit, appeal or proceeding already instituted in such Court other than an application for execution of a decree or order or for review of judgment or for leave to appeal.

2. It is interlocutory application only.

3.IA can be filed on the date of hearing only otherwise you can file the Advancement application before the court for early hearing after serving notice to the opposite counsel.

Sankaranarayanan (Expert) 25 January 2012
Well answered by expert

Shantanu Wavhal (Querist) 25 January 2012
Advancement application for early hearing

Experts kindly explain above.

What may be grounds for it wrt HMA ?
Is it same as applying for sec. 21B of HMA ?

Shonee Kapoor (Expert) 25 January 2012
No it is not same as 21B of HMA. On special grounds an application for early hearing is filed, the same is called advancement application.

However, I have seen something in one of the cases, a party moved an application for early hearing, the other party replied to the same, Hon'ble court declined the said early hearing application and the party making the said application took it to higher court and higher court called the records and again asked for a reply.

By that time the date on lower court was there but no business could be done as the file had gone to the higher court. :-(

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

PS: Remain content as the process of law is time consuming to say the least.