Quick Answer: What Is Interlocutory Application In CPC?

What is a serious question to be tried?

The court asks two main questions: Whether the plaintiff has made out a prima facie case, in the sense that if the evidence remains as it is there is a probability that at the trial of the action the plaintiff will be held entitled to relief (often referred to as a “serious question to be tried”)..

What is Order 39 Rule 2a?

injunction order passed by the civil court was under Order 39 Rule 2A of the CPC … injunction order passed by the Civil Court should resort to the remedy under Order 39 Rule 2A CPC.

What are the terms used in court?

Learning Court Vocabularyallegation: something that someone says happened.continuance: Put off trial unitl another time.cross examine: Questioning of a witness by the attorney for the other side.interview: A meeting with the police or prosecutor.juror: A person who is on the jury.oath: A promise to tell the truth.More items…

Is appellant and plaintiff same?

Appellants are those who initiate an appeal based on an issue of law to the higher court. … Whether the party was plaintiff or defendant in lower court has no bearing on their status as an appellant.

What is the meaning of interlocutory application?

An interlocutory application is an application to a court to make an order before the court makes a final order in the proceeding.

When can an interlocutory application be filled?

Where limitation has not been prescribed by the Rules or under any other provision of law, every interlocutory application or miscellaneous application shall be filed within thirty days from the date of the order or the cause and shall be accompanied by an application for condonation of delay in case the same is barred …

an interlocutory application is an application which is moved in the main petition. … if the supreme court order says ‘interlocutory application disposed of”, then it means that you had filed an application seeking some relief, and after hearing you on the application, the court has passed an order in your application.

Is the applicant the plaintiff?

Applicant The individual, organisation or corporation who/which applies to the Court to start legal proceedings against another person or persons. Also known as ‘plaintiff’ in admiralty and corporations matters and in some other courts.

Can defendant file application for temporary injunction?

In Suganda Bai’s case (supra) what has been laid down is that it is only where the defendant’s claim to interim relief arises out of the cause of action in the suit or is incidental to it, that he can ask for a temporary injunction against the plaintiff.

What is an interlocutory petition?

Interlocutory Petitions are a form of incidental proceedings and they are in aid to the final proceedings. An Interlocutory Petition is initiated with a view to prevent the ends of justice from being defeated when the Original Petition is unable to address the immediate circumstances.

Can the defendant pray for an order of injunction?

From the above, it is clear that in a suit filed by the plaintiff, it is open to the defendant to file an application only U/o XXXIX Rule 1(a) of CPC seeking temporary injunction and the Court on being satisfied that a case is made out for grant of such injunction, can grant the same in its discretion.

When can an interim injunction be granted?

Section 37 of Specific Relief Act provides that “temporary Injunction are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit.” Section 94(c) and (e) of the Code of Civil Procedure contains provisions under which the Court may in order …

How many orders are there in CPC?

51 OrdersThe Code of Civil Procedure, 1908 is a procedural law related to the administration of civil proceedings in India. The Code is divided into two parts: the first part contains 158 sections and the second part contains the First Schedule, which has 51 Orders and Rules.

What is summary procedure in CPC?

Summary suit or summary procedure is given in order XXXVII of the Code of Civil Procedure, 1908. Summary procedure is a legal procedure used for enforcing a right that takes effect faster and more efficiently than ordinary methods.

What is interlocutory order under CPC?

Interlocutory orders are orders that are issued by a court while a case is still ongoing. These orders are not meant to be final. When the case is concluded, any aspect of an interlocutory order that has not become moot may be challenged in an appeal from the final judgment.

What is the difference between interim order and interlocutory order?

Interim injunctions and interlocutory injunctions An Interlocutory Injunction is obtained prior to, and remains in force until, trial. An Interim Injunction on the other hand is obtained ex parte for a very short amount of time until each party can attend court for the application of an Interlocutory Injunction.

What is an interlocutory process?

Interlocutory proceedings are for dealing with a specific issue in a matter – usually between the filing of the application and the giving of the final hearing and decision. An interlocutory application may be for interim relief (such as an injunction) or in relation to a procedural step (such as discovery).

What is an interlocutory review?

A trial court’s decisions prior to its final judgment are “interlocutory” decisions.

What is 3p Rule 39 CPC?

Order XXXIX Rule 3 CPC provides in unambiguous terms that in cases where the court proposes to grant an ex parte interim injunction in favour of a party, it shall require the applicant to comply with the provisions contained in the said rule by delivering to the opposite party, or to send to him by registered post, …

Are interlocutory orders appealable?

Appeals against interlocutory orders Generally speaking, no appeal lies against an interlocutory order, but certain interlocutory orders can still be challenged in appeal against decree on the ground that such orders are of such character as would alter the decision of the court on merits and hence, can be challenged.