Meaning – Importance – When Used – Procedure – Illustrations

Rule 57 of the Civil Rules of Practice is an important procedural provision that every lawyer must be familiar with. It governs the filing of an “Out of Order” petition, which allows a party to request that the court take up a particular Interlocutory Application (I.A.) urgently, deviating from the normal sequence of cases in the cause list.

1. What is “Out of Order”?

In civil courts, every application is ordinarily listed and taken up according to the regular procedure and chronological order.
An “Out of Order” petition seeks permission from the court to bypass this routine order and take up a matter immediately or on the same day due to genuine urgency.

In simple terms:

✔ It is a procedural request to hear an application urgently,
✔ before the time it would normally be taken up,
✔ with the permission of the judge,
✔ and usually before 11:00 or 11:30 AM, as courts entertain such mentions only in the forenoon.

2. Importance and Significance of Rule 57

1. Emergency Relief

It ensures that justice is not defeated due to procedural delay.
Example: When a threat of demolition, disconnection of basic utilities, or urgent restraint is involved, immediate orders become necessary.

2. Prevents Irreparable Injury

Delay sometimes causes harm that cannot be compensated later. An out-of-order hearing helps avoid such prejudice.

3. Ensures Judicial Efficiency

It allows urgent matters to be addressed without disturbing the normal functioning of the court or delaying other cases unnecessarily.

4. Protects Against Misuse of Power

If a party acts unlawfully or threatens to take irreversible steps, the opposite party gets immediate access to judicial intervention.

3. When is an “Out of Order” Petition Filed?

An out-of-order petition is used only in exceptional and urgent circumstances, such as:

a) Interim Injunctions

• Threatened illegal construction
• Imminent demolition
• Risk of property being altered, transferred, or wasted
• Disconnection of electricity/water connection

b) Habeas Corpus / Personal Liberty Cases

• Immediate action needed for release from unlawful detention

c) Child Custody Matters

• When there is a risk of the child being taken out of the court’s jurisdiction
• Safety or welfare threats

d) Preservation of Evidence

• When evidence is likely to be destroyed or tampered with

e) Service/Employment Matters

• Illegal suspension causing sudden financial hardship
• Denial of salary or benefits

f) Commercial and Financial Emergencies

• Freezing of bank accounts
• Actions affecting day-to-day business operations

In short, the test is:
Will delay defeat justice or cause irreparable harm?

If yes → Rule 57 “Out of Order” can be invoked.

4. Procedure for Filing an “Out of Order” Petition (Rule 57)

1. Filing the Main Application (I.A.)

First, the relevant I.A. (injunction, stay, custody order, etc.) must be filed.
Note: Out-of-order mention should be made before 11/11:30 AM.

2. Endorsement of Urgency

On the back of the I.A. or on a separate sheet, the advocate must write a brief and clear statement of urgent reasons explaining why the application needs immediate hearing.

3. Service of Copy (“Copying”)

A copy of the urgent application and the mention date must be given to the opposite party’s counsel or to the party appearing in person.

4. Mentioning Before Court

The advocate orally mentions the matter before the judge and seeks permission to take it up out of order.

The judge considers:
✔ urgency,
✔ genuineness,
✔ notice to the opposite party.

5. Court’s Permission

If satisfied, the court grants leave to take up the matter “out of order.”

6. Immediate Hearing

The application is then heard on the same day and appropriate interim orders are passed.

5. Illustrative Examples

Example 1: Property Dispute – Urgent Injunction

Situation:
Construction is about to start illegally on disputed land by the opposite party.

Use of Out of Order:
Plaintiff seeks urgent injunction; court immediately restrains the construction to prevent irreparable harm.

Example 2: Child Custody – Removal of Minor from Jurisdiction

Situation:
Father attempts to take the children to another state or abroad before the next hearing.

Use:
Mother files an out-of-order petition; court issues immediate directions preventing removal of the child.

Example 3: Threat of Utility Disconnection (Electricity/Water)

Situation:
Landlord threatens to disconnect electricity for a tenant the next morning.

Use:
Tenant’s lawyer files the I.A. for injunction and mentions it out of order; court grants status quo to protect basic amenities.

Example 4: Service/Employment Issues

Situation:
Illegal suspension causing stoppage of salary, leading to immediate hardship.

Use:
Employee seeks urgent stay; court grants temporary relief.

Example 5: Commercial Emergency – Account Freeze

Situation:
Company’s bank account has been frozen illegally, affecting salaries and business operations.

Use:
Out-of-order petition is filed; court immediately hears and grants necessary orders.

Conclusion

Rule 57 serves as a “safety valve” in the procedural system of civil courts.
It ensures that urgent matters are attended to without delay and prevents injustice caused by procedural timelines. When used genuinely, an “Out of Order” petition becomes a powerful tool to protect rights, prevent damage, and maintain fairness in urgent legal situations.