Contents

INTRODUCTION...........................................................................................................................2
What is interlocutory application.....................................................................................................2
Interlocutory Application Format....................................................................................................3
PROVISIONS OF INTERLOCUTORY APPLICATION..............................................................5
Relevant laws...................................................................................................................................6
BIBLIOGRAPHY AND WEBLIOGRAPHY.................................................................................7
INTRODUCTION
Interlocutory is a legal term which essentially refers to an order, sentence, decree, or judgment,
given in an intermediate or transitional stage between the beginning and end of a cause of action,
used to give an impermanent or temporary decision on an issue. Along these lines, an
interlocutory order isn’t final and isn’t liable to immediate appeal.

What is interlocutory application

An interlocutory application meaning is an application which is moved in the primary appeal. It
is normally documented when you request some urgent relief or to convey certain new facts to
the learning of the court. In the event that the supreme court order says ‘interlocutory application
disposed of”, it implies that you had documented an application looking for some relief, and in
the wake of hearing you on the application, the court has passed an order in your application.

Interlocutory Petition mentioned in the Civil Rules of Practice, Rule 2 (j) states ” application to
the court for any suit, appeal or proceedings already instituted in such court, other than a
proceeding for execution of a decree or order.” It is fascinating to take note of that “application”
is characterized in Rule 2 (c) that incorporates execution application, execution petition, and
interlocutory application, both written and oral.

 
Interlocutory Application Format
 

INTERLOCUTORY APPLICATION
BEFORE THE APPELLATE TRIBUNAL FOR ELECTRICITY
IA NO. ______OF 200
In
Appeal/Original Petition No. ________of 200 .
CAUSE TITLE
Set out the Appeal No. _________________of 200

Appeal / Petition short cause title

Set out the 1. Appeal No.____________200

Cause Title – Interlocutory Application

Petition for stay/direction/dispense with/condone delay/calling records

The applicant above-named state/s as follows :

1. Set out the relief (s)

2. Brief facts

3. The basis on which interim orders prayed for

4. The balance of convenience, if any :

(All interlocutory applications shall be supported by an affidavit sworn by the Applicant/on its
behalf and attested by a Notary Public).

DECLARATION
The applicant above named hereby solemnly declare that nothing material has been concealed or
suppressed and further declare that the enclosures and typed set of material papers relied upon
and filed herewith are true copies of the originals or fair reproduction of the originals or true
translation thereof.
Verified at_________dated at _______this day __________of _______20 .

Counsel for Applicant                                                                                                                                               

Applicant
VERIFICATION
I __________________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may
be ) ___________age ____________working as __________ in the office of
_______________resident of _______________ do hereby verify that the contents of the paras
_____________to ___________are true to my personal knowledge / derived from official record
) and para _________ to _______are believed to be true on legal advice and that I have not
suppressed any material facts.

Date :

Place :

                                                                           
Signature of the Appellant/Petitioner or authorized officer
 
PROVISIONS OF INTERLOCUTORY APPLICATION
The Code of Civil Procedure with its Rule 3(9) defines an Original Petition as a petition by
which procedures are founded in a court other than a suit or appeal or proceeding in execution of
a decree or order.

This elucidates and clarifies the distinction between an original appeal to and an Interlocutory
order as

 The original appeal of is identified with the purpose of the start of a dispute while the
interlocutory request is recorded within the main appeal.
 Original petition establishes the procedures while the interlocutory petition looks for
interim relief.
 Interlocutory petitions can be named as a type of incidental procedures dissimilar to
original appeal to and are recorded to support the principle/main petitions.
 Interlocutory petitions look for relief amid the pendency of the main appeal to and can be
discarded before the final judgment.
In T.V. Satyanarayana v. Subba Aruna Meenakshi, the question into thought was whether an
appeal lies against the order made by the family court on an application exhibited under section
24 of the Hindu Marriage Act allowing interim maintenance under Section 19 of the Family
Courts Act? It was held that  Interlocutory Application “means an application to the Court for
any suit, appeal or proceeding already instituted in such Court other than an application for
execution of the decree or setting aside the decree or last order made in such suit, appeal or
proceeding.” An application under Section 24 of the Hindu Marriage Act squarely falls inside the
significance of the words “Interlocutory Application,” as it could be made just in the primary
proceeding under either provision of the Hindu Marriage Act. Any order passed on such an
application would unquestionably be an interlocutory request.

The Supreme Court while thinking about the maintainability of appeals against judgment and
interlocutory orders, considered a progression of decisions of various Courts rendered regarding
the matter, held that each interlocutory order can’t be viewed as a judgment yet just those orders
would be judgments which decide matter in hand or influence indispensable and important rights
of the parties and which work on the serious injustice to the party concerned.
An Interlocutory Petition begins with a point of view to shield the finishes of equity from being
vanquished when the Original Petition can’t address the prompt conditions. Interlocutory
Applications or Interlocutory Petitions are recorded to help the primary appeal for an
interlocutory alleviation in the midst of pend-ency of the main Petition. The purpose of this
article is to mostly feature the interlocutory applications and different case laws to imply the
statement.

Relevant laws

There are specific rules and laws governing the registration and disposal of interlocutory
applications.

1. As for the contents, the interlocutory application shall clearly state the law under which it
is made and the order prayed for or the relief sought. It should also be signed with the
date by the applicant or the advocate representing the applicant.

2. In case of more than one relief sought, there should be a separate interlocutory
application. 

3. In case a substantive order is not asked for, the court has the right to reject the application
under Rule 56.

4. Also, the notice of such application needs to be given to other parties or their advocate
not less than three days before the decided date of hearing.

5. Rule 59 states that the copies of such application supported by an affidavit and true
copies of such application shall be submitted to the other party or their advocate.
BIBLIOGRAPHY AND WEBLIOGRAPHY

1. CODE OF CIVIL PROCEDURE, BARE ACT, UNIVERSAL PUBLICATIONS

2. https://legodesk.com/blog/interlocutory-application-format-in-india/
3. https://easyadvocacy.com/EADigest/What-is-an-Interlocutory-Application-and-how-to-
register-it-in-India