This present article has been written by Pritha Bhowmik during her internship in LeDroit India.
Introduction:
Interlocutory orders are defined under Order 39 of Civil Procedure Code. It is a legal term
that refers to an order, decree or judgement passed in between the onset and the conclusion of
the cause of action. These are not meant to be final and are simply meant to solve a
temporary issue while the case is being decided on whole.
Interlocutory orders under Civil Procedure Code:
Rule 6 to 10 of order 39 provide for making certain interlocutory orders.
The court has power to order sale of perishable property in certain circumstances as stated
under Rule 6. It can also order for detention, preservation or inspection of any property which
is the subject-matter of such suit. For that purpose it can authorize any person to enter upon
or into any land or building in the possession of the party for taking samples or making
observations or trying experiments, as stated under Rule 7. However, according to Rule 8, for
making such orders the court shall give notice to the opposite party except where it appears
that the object of making such orders would be defeated by the delay.
Where the land which is the matter of the suit, is liable to payment of revenue to government
and the party in possession of such land neglects to pay the revenue, any other party to the
suit claiming an interest in such land ma, on payment of the revenue, be put in immediate
possession of the property. The court may award in the decree the amount so paid with
interest thereon against the defaulter, as per the provisions of Rule 9.
In accordance with Rule 10, where a party to a suit admits that he holds money as a trustee
for another party, the court may order him to deposit such amount in courts.
Conclusion:
Interlocutory orders are orders that are issued by a court while a case remains ongoing. These
orders are not meant to be final. They are simply meant to appease a situation within a
situation, to resolve a problem temporarily while the case is set on the entire. Because they’re
not final orders, it’s very rare that interlocutory orders are often appealed. The point of an
interlocutory order is to permit the case to progress by addressing a problem that otherwise
would cause the case to stall.
For example, interlocutory orders are often made in cases involving land. If a property is
close to be sold, and someone has filed a lawsuit to prevent that from happening, a court can
issue a temporary injunction, vis-à-vis, an interlocutory order. The injunction puts a short
lived stop to the sale of the property until the court can make a final judgement on what
should happen with the property and who should prevail on the lawsuit.
