Interlocutory Application

An interlocutory application (IA) is a procedural mechanism that allows parties to seek interim orders or directions from the court during the pendency of the main case. These applications address matters that arise between the institution of the suit and its final disposal.

Common interlocutory applications include applications for temporary injunctions, attachment before judgment, appointment of receivers, amendment of pleadings, addition or substitution of parties, stay of proceedings, discovery and inspection, and interim maintenance. The court passes interlocutory orders on such applications which are distinct from final orders.

Under Order XXXIX of CPC, temporary injunctions can be granted through interlocutory applications. The applicant must establish a prima facie case, balance of convenience in their favor, and irreparable injury if the relief is not granted. These principles were crystallized in the landmark Dalpat Kumar case.