What is an Interlocutory Application and how to register it in India?

We are citizens of a democratic country and proud of our law and order system. Any resident can seek justice and go to court, and that is one of the primary rights we all should be proud of. However, the court due to certain decorum and proceedings may require a significant amount of time in a few cases. This is when the interlocutory applications come to one's rescue. What are Interlocutory applications and how they are different from the original petitions is what we seek to discuss today.

Meaning of Interlocutory Application

The legal definition to the interlocutory application as given in Rule 2 (j) of A.P. Civil Rules of Practice and Circular Orders, 1980 is  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.

To define it simply, the interlocutory application is an application which is moved within the original petition. It is usually made to

1. Seek urgent relief
2. To intimate the court about the discovery of the new facts related to the proceeding

​​​​​​​​​​​​​​Difference between Original Petition and Interlocutory Order

The Code of Civil Procedure with its Rule 3(9) defines an Original Petition as a petition by which proceedings are instituted in a court other than a suit or appeal or proceeding in execution of a decree or order.

This clarifies the difference between an original petition and an Interlocutory order as

1. Original petition is related to the point of origination of a dispute whereas the interlocutory order is filed within the main petition.
2. Original petition institutes the proceedings while the interlocutory petition seeks interim relief.
3. Interlocutory petitions can be termed as a form of incidental proceedings unlike original petition and are filed to support the main petitions.
4. Interlocutory petitions seek relief during the pendency of the main petition and can be disposed of before the final judgment.

How to check and register an Interlocutory application

Rule 53 of Civil Rules of Practice states that an Interlocutory application shall be made in Form 13 which is a specified format. One can file the interlocutory application by themselves or through their advocate. One must check for

1. Mention the Law under which the application is filed.
2. Clearly mention the relief sought
3. Name and signature of the applicant
4. Date on which the application is signed

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.

We hope this article sheds light on the important aspects and information related to an interlocutory application. For more of such legal information and updates sign up to EasyAdvocacy today. Also, like us on Facebook and follow us on LinkedIn, Twitter, and Google+ today to never miss an update from us.