INTERLOCUTORY APPLICATION
- An interlocutory application is a petition which is filed during the pendency of a legal suit or proceeding, which helps seek temporary relief or any direction from the court until the final adjudication of the case.
- These kinds of applications are intended to address some urgent matters, which cannot wait until the case is fully resolved. The interlocutory applications are regulated under the Code of Civil Procedure and are used to secure the interest of plaintiff or defendant during the pendency of the case.
- Purpose and scope of these applications: When plaint is admitted in the court based on the urgency or the necessity of the case, either parties like plaintiff or defendant can request certain types of temporary relief during the proceedings. While the main case/suit is pending in the court, these types of proceedings are intended to preserve the subject matter of the suit or to prevent injustice or to secure the rights of the parties until the final judgement is passed.
- These are the common types of interlocutory or supplemental proceedings: This can be filed to prevent defendant from avoiding or escaping the jurisdiction of the court which is called arrest before judgement. This can be done to secure property so that the final decree is not defeated, which is said to be the attachment before judgement. There are few temporary injunctions which restrain a party from doing an act which may harm the interest of the other party in the case. And to manage or protect the property which is in the dispute during the litigation, there can be an appointment of receiver. To ensure that the plaintiff can meet the cost of the defendant if the suit is found frivolous, which is said to be the security for cost. To formally discontinue the proceedings which is called withdrawal of suit. Payment in the court, which is to deposit money or property with the court for safekeeping. Compromise of suit to record and finalise settlement mutually agreed by both the parties.
- These interim measures can be made by either parties based on the demands of the case, which are able to preserve justice until the court delivers its final decision.
How to draft
Mention the name of the court clearly along with the case number and the title of the suit.
Include the name of the plaintiff and the defendant as per the main suit which is called cause title.
Include a heading which mentions the type of interlocutory relief sought, for example, interlocutory application for temporary injunction.
Averments
Start with the background of the main suit in the case.
Include the necessity for the relief sought under the application.
Mention the facts required for demonstrating the urgency and irreparable harm which can be caused.
Include the legal provisions.
Include clear prayer stating the relief sought.
Attach an affidavit verifying the contents of the application.
The affidavit must be signed and attested by notary or an advocate.
Sample Draft
IN THE COURT OF THE HON’BLE PRINCIPAL SENIOR CIVIL JUDGE
AT: MEDCHAL
I.A. No: 401 of 2015
In O.P. No: 189 of 2015
BETWEEN:
M. Ramesh S/o Laxmaiah,
Aged about 35 years, Occupation: Business,
R/o Kandalakoya Village and Mandal of Medchal–Malkajgiri District.
— Petitioner / Plaintiff
AND
K. Anil S/o Ramulu,
Aged 37 years, Occupation: Business,
R/o Girmapur Village and Mandal of Medchal–Malkajgiri District.
— Defendant
PETITION SUBMITTED FOR ARREST OF THE DEFENDANT BEFORE JUDGMENT
May it please Your Worship,
The above-named petitioner/plaintiff begs to state on oath as follows:
That the petitioner is a small businessman.
That the defendant came to Kandalakoya five years ago and started a general store by the name “Sri Sai General Stores”. In order to increase his business, he began providing credit sales to nearby residents who became his loyal customers. Everything went well for some time.
A year back, on 14/01/2014, the defendant borrowed Rs. 80,000/- (Rupees Eighty Thousand only) from the petitioner, promising to repay the amount in five equal installments with interest @ 10% per annum. The first two installments were paid by him with great difficulty, and afterward, he started avoiding the petitioner—either by not answering phone calls or by not being present at his store. Unable to collect the remaining amount, the petitioner filed a suit against the defendant in this Hon’ble Court vide Suit No. 169/2015.
That it is humbly submitted that the petitioner, due to his inability to recover money from credit customers, failed to repay the money borrowed from his own sources and has learned that the defendant is planning to abscond from the area where he is doing business to return to his native place, in order to evade payments.
Some of the suppliers who provided goods to the defendant (without being paid) have also filed suits in this Hon’ble Court, which are pending for disposal.
It is submitted that if he is allowed to leave the local limits of the jurisdiction of this Hon’ble Court, it will cause huge loss and inconvenience to the petitioner, who is a small businessman, and also to other plaintiffs who have filed suits.
That the petitioner is ready to pay subsistence allowance for the arrest and detention of the defendant as per the Court’s direction.
PRAYER
The petitioner therefore prays that this Hon’ble Court may be pleased to pass an order for the arrest of the defendant before judgment.
Place: KANDLAKOYA
Date: 03-11-2015
Sd/-
Petitioner
Sd/-
Counsel for Petitioner
VERIFICATION
I, the petitioner named above, declare that what is stated in paragraphs 1 to 7 is true and correct to the best of my knowledge and belief.
Place: KANDLAKOYA
Date: 03-11-2015
Sd/-
Petitioner
