Interlocutory Orders in India

What is the meaning of “Interlocutory Orders”?

An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues.

An Interlocutory Order is given mainly to ensure that the interests of either party are not harmed due to and during the process of justice.

As per section 94 of the Code of Civil Procedure 1908 Part 6:

94. Supplemental Proceedings

In order to prevent the ends of justice from being, defeated the Court may, if it is so prescribed

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Schedule 1 of the C. P. C. (Various Orders and Rules) deals with the procedural aspect in greater detail.

Examples of Interlocutory Orders:

  • Appointment of Commissioner to conduct search and seizure
  • Temporary Injunctions
  • Appointment of Court Receiver to collect rent or payments,
  • Payment into court
  • Security for maintaining a cause

Case Law

Sub‑Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63

  • Held: The Supreme Court will abstain from passing an interlocutory order if the passing of such an order has an effect or tends to be susceptible of an inference of pre-judging some important and delicate issue in the main matter

5 thoughts on “Interlocutory Orders in India”

  1. Can a order passed by trail court to convert sumons case to warrant case be filed in reversion suite in the session court. The case is a final order passed for converting the case and the nature of the case is completely altered.
    Kindly advise

  2. Madhya Pradesh High Court
    Asharam Bapu vs Amans Singh Dangi on 12 September, 2014
    Rights of accused not determined finally only a stage in doing so
    para 10
    (10) In the case of Subramanium Sethuraman Vs. State of Maharashtra and another 2005 SCC (Cri) 242, it was held by the Apex Court that issuance of process under section 204 is a preliminary steps in the stage of trial contemplated in Chapter 20 (Ss. 251 to 259) Cr.P.C. and is therefore interlocutory order against which as per provision of section 397(2) of Cr.P.C., criminal revision is not maintainable. The only remedy to challenge the order is given under section 482 of Cr.P.C. by invoking inherent powers of the High Court.

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