Interlocutory Applications

Mid-way through a property suit in Thane, the defendant starts bringing in a builder's workers to put up a new floor. The plaintiff cannot wait for a final judgment in three years. Elsewhere, another litigant realises that his plaint left out a necessary party, or that he missed a hearing through no fault of his own. None of these problems is solved by the plaint or the written statement. Each is solved by a separate short application made inside the same suit. What is such an application called, how is it drafted, and which provision does it rest on?

In two minutes

An interlocutory application is a separate application made in a pending proceeding for an order on a matter that arises before final judgment, such as a temporary injunction, attachment before judgment, appointment of a receiver, amendment, impleading a party or setting aside an ex parte order; it names the provision relied on, states the facts, prays for specific orders and is supported by an affidavit.

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