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Interlocutory Orders (Order 39)

To meet the ends of justice and to render timely justice to the parties,
the mechanism of filing Interlocutory applications is to an extent
indispensable in civil proceedings. “Interlocutory application” means an
application to the Court in any suit, appeal or proceeding already
instituted in such Court, other than a proceeding for execution of a
decree or order. The orders which are passed in those applications are
called as interlocutory orders .Webster’s New World Dictionary defines
‘interlocutory’ as order other than a final decision.
Sec 141 of CPC provides the procedure, in regard to
suit shall be followed, as far as it can be made applicable, in all
proceedings in any court of civil jurisdiction,
Interlocutory application which include applications for
appointment of Commissioner, Temporary Injunctions, Receivers,
payment into court, security for cause, and etc.

Interim Order :-
Generally, the term “interim” refers to temporary or
provisional, that is a term which denotes anything that is not final.
Interim aka Interlocutory orders are those which are passed during
the pendency of the suit or proceedings and the rights, liabilities of the
parties are generally not substantially decided as per the suit. These
orders are not just those which decide the cause of action, but are
those which decide the interceding course of action provisionally.
These orders enable the protection of subject matter of the suit and
aid in the due assistance of parties.

Interim Order Provisions


1. Court Payment (vide Order 24)
2. Security of Costs (vide Order 25)
3. Commissions (vide Order 26)
4. Judgement preceded by Arrest (vide Order 38)
5. Attachment before a judgement (vide Order 38)
6. Injunction (vide Order 39)
7. Interlocutory Orders (vide Order 39)
8. Receiver (vide Order 40)

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