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Amit Kumar (individual)     14 May 2022

civil proceedings

is it necessary to follow whole procedure of civil case to decide, whilst the documentary evidence for the main issue is provided in an interlocutory application ??


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 5 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     14 May 2022

Hello,

You have to prove your case on merits on the final hearing of the case. Interlocutory is the interim stage you have to conduct the whole case for final judgment. 

Advocate Bhartesh goyal (advocate)     14 May 2022

You have to follow the procedure prescribed in cpc means have to prove your case by adducing evidence.

 

G.L.N. Prasad (Retired employee.)     14 May 2022

You CAN FILE another IA to finally decide on documentary evidence depending on the period of the case and circumstances.

1 Like

Dr J C Vashista (Advocate)     16 May 2022

Interlocutory application has to be decided at its threshhold on its merit, much before evidence.

In a civil case Judgment / decree is passed after completion of pleadings, evidence of both parties and arguments.

Your question is based on some facts which you have not posted, prima facie it is just an examination hall quesiton paper, isn't it ?

Tousif Shaikh   20 May 2022

Interlocutory or Interim orders are just temporary in nature, it has no connection with Merit or Real evidence of the case.

Interim orders r passed to put a stay on further construction or further destructions as the case may be.

Be ready with ur Evidences of Original or Certified documents.

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