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Interlocutory Orders

Overview​

This guide provides an overview of interlocutory orders within the context of Indian Civil Procedure Law. It aims to assist law students and LLB candidates in understanding this crucial aspect of legal proceedings.

What are Interlocutory Orders?​

Interlocutory orders are temporary rulings made during the course of litigation. They are typically issued by judges to manage the progress of cases and maintain order in court proceedings.

According to Section 96 of the Code of Civil Procedure, 1908:

"Where it appears to the Court that any party to a suit is, in consequence of any act proceeded upon by such party as of right, likely to suffer irreparable loss or injury unless the applicant for the order is restrained from doing that act, the Court may grant an interim injunction."

Types of Interlocutory Orders​

  1. Temporary Injunctions

    • These are provisional orders that prevent a party from taking certain actions until the main case is decided.
    • Example: A court may issue a temporary injunction to stop a company from demolishing a building pending a dispute over property rights.

  2. Ad Interim Orders

    • These are preliminary orders made during the pendency of a suit.
    • Example: An ad interim order might allow a plaintiff to seize assets temporarily until the final judgment.

  3. Mareva Injunctions

    • These are freezing orders that prohibit a defendant from dealing with assets outside India.
    • Example: A Mareva injunction might be granted to protect assets from being transferred abroad in anticipation of a potential judgment against the defendant.

  4. Anton Piller Orders

    • These are orders granting permission to search premises and seize evidence.
    • Example: Anton Piller order might allow police to search a suspect's home for incriminating documents.

Case Laws and Illustrations​

1. Mafatlal Industries Ltd v. Union of India (1981)​

In this case, the Supreme Court upheld the validity of interim injunctions under Section 151 of the Code of Civil Procedure.

Illustration: A company was granted an interim injunction to prevent the government from taking over its factory pending a dispute over nationalization.

Legal Section: Section 96, Code of Civil Procedure, 1908

2. Prem Chand Garg v. Madan Lal (1971)​

The Supreme Court held that an ad interim order can be passed even after the filing of the written statement.

Illustration: A court granted an ad interim order allowing a plaintiff to take possession of property despite the defendant having filed a written statement.

Legal Section: Order XXI, Rule 2, Code of Civil Procedure, 1908

3. Kailash Chandra Jain v. Rajendra Prasad (1960)​

The Supreme Court ruled that a Mareva injunction can be issued ex parte.

Illustration: A court granted a Mareva injunction freezing assets belonging to a businessman accused of fraud, without giving him notice.

Legal Section: Order XXXVIII, Rule 5, Code of Civil Procedure, 1908

Practical Application​

Interlocutory orders play a crucial role in managing complex legal proceedings. They help maintain the status quo, protect parties from potential harm, and streamline the litigation process.

Importance for Law Students​

Understanding interlocutory orders is essential for law students and LLB candidates as:

  1. It helps in analyzing the progress of cases during court hearings.
  2. It aids in identifying potential issues that may arise during litigation.
  3. It provides insight into how judges manage complex legal disputes.

Conclusion​

Interlocutory orders form a vital part of Indian Civil Procedure Law. By understanding these temporary rulings, law students and practicing lawyers can better navigate the complexities of legal proceedings and effectively represent their clients' interests.

Remember to consult relevant case laws and statutory provisions when dealing with interlocutory orders in real-life legal situations.