An interlocutory application is an application that is moved in the main petition. it is usually filed when you ask for some urgent relief or to bring certain new facts to the knowledge of the court

“Interlocutory application” means an application to the Court in any suit, appeal, or proceeding already instituted in such Court, other than a proceeding for execution of a decree or order. The orders which are passed in those applications are called interlocutory orders.

‘interlocutory’ as order other than a final decision. Once an auction has been commenced all subsequent applications are referred to as interlocutory applications.

The provision dealing with the incidental proceedings is contained under part III Of the code of civil procedure. But such applications are moved under various provisions of the Code of civil procedure, 1908 which include applications for appointment of Commissioner, Temporary Injunctions, Receivers, payment into court, security for cause, etc.

Sec 141 of CPC provides, that the procedure provided in the Code of Civil Procedure, in regard to the suit shall be followed, as far as it can be made applicable, in all proceedings in any court of civil jurisdiction, therefore the procedure with regard to such applications is the same as that of the original suit, in matters like a recording of evidence, examining witnesses, etc.

Interlocutory orders

Interlocutory orders are passed by the courts to prevent irreparable harm from occurring to a person or property during the pendency of a lawsuit or proceeding.

Rules 6 to 10 of Order 39 mention certain interlocutory orders, which include the court’s power to order the interim sale of movable property, and to order the detention, preservation, or inspection of any property which is the subject matter of such a suit. Similarly, when the land in the suit is liable to Government revenue or is tenure liable to the sale and the party in possession neglects to pay the revenue or rent, the court may order any other party to the suit in case of sale of the land to be put in immediate possession of the property.

In the course of the trial, a trial Judge may pass a number of orders whereby some of the various steps to be taken by the parties in the prosecution of the suit may be of a routine nature while other orders may cause some inconvenience to one party or the other, e.g., an order refusing an adjournment, an order refusing to summon an additional witness or documents, an order refusing to condone the delay in filing documents, after the first date of hearing order of costs to one of the parties for its default or an order exercising discretion in respect of a procedural matter against one party or the other.

“Such orders are purely interlocutory and cannot constitute judgments because it will always be open to the aggrieved party to make a grievance of the order passed against the party concerned in the appeal against the final judgment passed by the Trial Judge.”

What is the difference between interim order and interlocutory order?

While an interlocutory injunction is normally enforceable until the determination of the action, an interim injunction is generally granted for a short, specific period of time, and the plaintiff needs to return to court at the end of the period to ask for the continuance of the injunction. .. Court orders are a declaration made by a judge, commanding something to be done, or prohibiting the certain activity. Interlocutory applications can seek a wide range of orders, such as: 

• urgent assistance from the court; or 
• orders about the procedure or timetable of the court proceedings,  including orders about obtaining or disclosing evidence.

What is an interlocutory hearing?

An interlocutory hearing is held if a party does not consent to the orders sought by an interlocutory application. The hearing allows for both sides to present their arguments so that the judge can make a decision. 

Types of Interlocutory Applications 

There is a wide variety of types of interlocutory applications. Common types include:

Injunctive Relief   

Orders that stop the other party from doing something, like terminating a contract or completing a sale purchase. They are usually urgent, requiring the orders by a certain deadline.

Particulars

Orders to compel a party to provide particulars (details) that the other party has requested, seeking clarification of information in legal documents, including a statement of claim or defense.

Discovery

Orders to compel a party to provide certain documents sought by the other party through the discovery process. Therefore, an interlocutory application seeks orders that the documents should be discovered.

subpoenas

Subpoenas are orders to determine whether a party can ask a third party to provide certain documents. As above, the other party may object to documents sought by the other party because they are not relevant to the proceedings.

Interrogatories

Orders to compel the other party to answer certain questions are required to determine a position on a matter in dispute. The questions must be necessary to help provide a fair trial.

Medical Examination

Orders that one party submit to a medical examination. For example, this may be sought where the other party has concerns about the medical condition of that party and how it may impact the matters in dispute.

Interlocutory applications, and hearings, are an important part of court proceedings. Above all, they allow the parties to correct any unjust behavior by the other party and keep the proceedings in line with the court’s timetable. They can add significant time and expense to a court proceeding.