HomeLaw NotesCivil Procedure CodeINTERLOCUTORY ORDERS- (ORDER XXXIX RULES 6 TO 10)

INTERLOCUTORY ORDERS- (ORDER XXXIX RULES 6 TO 10)

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Updated: May 20, 2020

MEANING– Interim orders or interlocutory orders are those orders passed by a court during the pendency of a suit or proceeding which do not determine finally the substantive rights and liabilities of the parties in respect of the subject – matter of the suit or proceeding. after the suit instituted by the plaintiff and before it is finally disposed of, the court may make interlocutory orders as may appear to the court to be just and convenient. Interim orders or interlocutory orders are made in order to assist the parties to the suit in the prosecution of their case or for the purpose of protection of the subject matter of the suit.

1- POWER OF COURT TO ORDER INTERIM SALE

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On the application of any party under rule 6 or 7 may be made at any time after the institution of the suit while by the defendant. It may at any time after the institution of the suit while by the defendant.

The court may, order the sale of any moveable property, being the subject- matter of such suit, or attach before judgment in such suit, which is subject to speedy and natural delay, or which for any just and sufficient cause it may be desirable to have been sold at once.

2- DETENTION, PRESERVATION, INSPECTION ETC, OF SUBJECT – MATTER OF SUIT

The court may make an order for detention, preservation and inspection of any property which is the subject- matter of the suit, or as to which any question may arise therein, and authorize any person to enter upon or into any land or building in the possession of any other party to such suit.

NOTICE TO OPPOSITE PARTY

No order under rule 6 or 7 shall be made without giving notice to the opposite party except where it appears to the court that the purpose of making such order would be defeated by delay.

3- WHEN PARTY MAY BE PUT IN IMMEDIATE POSSESSION OF LAND, THE SUBJECT MATTER OF SUIT

Where land paying revenue to the government or a tenure liable to sale, is the subject-matter of a suit, or the party in possession of such land or tenure neglects to pay the government revenue, or the rent due to the owner of the tenure, as the case may be, and such land or tenure is consequently ordered to be sold, any other party to the suit claiming to have an interest in such land or tenure may upon payment of the revenue or rent due previously to the sale be put in immediate possession of the land or tenure, and the court in its decree may award against the defaulter the amount so paid, with interest thereon at such rates as the court thinks fit, or may charge the amount so paid, with interest thereon at such rate as the court orders.

4- DEPOSIT OF MONEY- IN COURT-

Where the subject matter of a suit is money or some other thing capable of delivery and any party thereto admits that he holds such money or another thing as a true for another party, or that it belongs or is due to another party, the court may order the same to be deposited in court or delivered to such last-named party, with or without security to the further direction of the court.

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