Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Article Section

Home Articles Other Topics DEV KUMAR KOTHARI Experts This

Number of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice.

Submit New Article
Number of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice.
DEV KUMAR KOTHARI By: DEV KUMAR KOTHARI
March 10, 2023
All Articles by: DEV KUMAR KOTHARI       View Profile
  • Contents

Number of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice.

Number of pending cases:

We find that there are large number of  cases pending in various courts all over India and elsewhere also. One of reason for such pendency can be described as scope of filing various type of  INTERLOCUTARY APPLICATION in short IA. Such applications  are described by various other names also in various courts.

In a main case there can be several IA and that adds to large number of pending and disposed off cases. Although number of disputes are not increased by filing of IA.

For example there can be

IA for Condonation of delay, exemption from filing certified copy of orders/ judgment against which appeal is filed, exemption from service of notice on other party and IA for passing   EX-PARTE AD-INTERIM RELIEF

IA for granting stay, for extending stay ,  for vacating stay.

Similarly for interim relief, extension  of interim relief or  IA for vacating interim relief obtained by one party.

 In each of such IA lot of paper work and appearance is required. Parties to save their interest has to make arrangements for representations otherwise there can be decision adverse to him.

And the judges have to spend their valuable time in hearing and deciding IA.

Each IA can be a source of extended litigation and for delaying justice. Due to IA there are large occasions of fixing the case, appearance in cause lists , hearing , adjournments, and orders.

IA need to be checked and misuse of IA is desirable.

On the website of the Supreme Court we find various types of  IA numbering 395 as follows:

https://main.sci.gov.in/interlocutary-application

CODE

NOMENCLATURE OF INTERLOCUTARY APPLICATION

1

GRANT OF INTERIM RELIEF

2

VACATING STAY

3

EARLY HEARING APPLICATION

5

INTERVENTION APPLICATION

6

ADDITION / DELETION / MODIFICATION PARTIES

7

AMENDMENT IN RECORD

8

EX-PARTE AD-INTERIM RELIEF

9

INTERIM INJUNCTION

10

EXEMPTION FROM PERSONAL APPEARANCE

11

EX. SECURITY AMOUNT

13

CHANGE OF ADVOCATE ON RECORD

14

DOCUMENT TAKEN ON RECORD

15

AD-INTERIM WRIT

16

WITHDRAWAL OF CASE / APPLICATION

17

EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT

19

XTRA

20

APPOINT P.LIQUIDATOR

21

GRANT OF INJUNCTION

22

STRIKING OUT A PARTY

23

U/S 552 FOR WIND UP

27

STAY APPLICATION

28

CONDONATION OF DELAY IN FILING

29

APPLICATION FOR SUBSTITUTION

30

SETTING ASIDE AN ABATEMENT

31

COMPROMISE R.3 O.23

35

DISPENSING WITH SERVICE OF NOTICE

40

GRANT OF BAIL

41

BAIL CANCELLATION

42

COMPOUNDING OFFENCE

48

INTERIM BAIL

49

ANTICIPATORY BAIL

56

APPLICATION U/O 39 RULE 1 AND 2

57

APPLICATION U/O 41 RULE 5

59

EXTENSION OF TIME

60

EXEMPTION FROM NON APPEARANCE

61

CONDONATION OF NON APPEARANCE

65

REJOINDER

66

APPLICATION FOR FINAL HEARING AT MOTION STAGE

68

APPLICATION FOR HEARING DURING VACATION

71

RECALL OF ORDER OF NON-BAILABLE WARRANT

72

RECALL OF ORDER OF BAILABLE WARRANT

73

EX-PARTE STAY

77

SUBSTITUTED SERVICE

79

EXEMPTION FROM PAYING COURT FEE

81

EXEMPTION FROM FILING O.T.

82

EXEMPTION FROM FILING AFFIDAVIT

84

DISCHARGE OF ADVOCATE ON RECORD

85

APPOINT A NEXT FRIEND

86

DISCHARGE A NEXT FRIEND

87

APPOINT A GUARDIAN OF A MINOR

88

AMENDMENT OF THE PETITION

91

LEAVE TO PROCEED AS AN INDIGENT PERSON

93

INTERVENTION/IMPLEADMENT

95

PERMISSION TO FILE PETITION (SLP/TP/WP/..)

96

DECLARING THE PETITIONER AS MAJOR

97

INITIATING CONTEMPT PROCEEDINGS

99

EXEMPTION FROM SURRENDERING WITHIN TIME

101

RESTORATION

102

ISSUANCE OF NON-BAILABLE WAR. OF ARREST

103

CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN.

104

APPOINTMENT OF COMMR./RECEIVER

105

FILING C/C OF THE TRIAL CT. JUDGMENT

107

EXEMPTION FROM FILING ANNEXTURES

111

MODIFICATION OF COURT ORDER

112

SUSPENSION OF SENTENCE

114

DISPENSING WITH PRINTING OF APPEAL RECORD

115

REFUND OF SECURITY

116

EXTENSION OF EX-PARTY STAY

117

GRANT OF MAINTENANCE

118

CANCELLATION OF BAIL

119

CONDONATION OF DELAY IN FILING BANK GUARANTEE

120

GRANT OF PAROLE

121

ORDERS ON ACCOUNT OF DEFAULT

122

EXEMPTION FROM SERVING NOTICE

123

DISCHARGE OF BANK GUARANTEE

124

STAY OF EXECUTION OF SENTENCE OF DEATH

127

CONDONATION OF DELAY IN FILING COUNTER AFFIDAVIT

128

REVOCATION OF COURT ORDER

130

REMMITTING OF SENTENCE

131

ISSUE OF BAILABLE WARRANT OF ARREST

132

INTERIM CUSTODY OF CHILD

133

CONDONATION OF DELAY IN FILING UNDERTAKING

134

CORRECTION OF MISTAKES IN THE JUDGMENT

136

CONDONATION OF DELAY IN FILING REVIEW PETITION

137

OBJECTION PETITION

138

MAKING THE AWARD RULE OF THE COURT.

139

CONDONATION OF DELAY IN MAKING DEPOSIT

140

CONDONATION OF DELAY IN FILING REJOINDER

141

CALLING RECORD OF HIGH COURT

143

REIMBURSMENT OF EXPENSES

144

PERMISSION TO COMPOUND THE OFFENCE

146

APPOINTMENT OF AMICUS CURIE/FREE LEGAL AID

147

CONDONATION OF DELAY IN FILING ADDL. DOCUMENTS

149

MODIFICATION OF CONSENT TERMS

150

SUMMONING ORIGINAL RECORD

151

DELINKING THE PETITION

152

PERMISSION TO COMPOUND THE SENTENCE

153

RELEASE OF THE RESPONDENT ON PAROLE

154

RECALLING THE COURTS ORDER

155

SUSPENDING/EXEMPTING THE PAYMENT OF FINE

156

FILING ADDL. GROUND OF APPEAL

157

FIXING DATE OF HEARING

158

WITH REPORT OF THE SUP.COURT LEGAL AID COMMITTEE

160

RELEASE OF THE PETITIONER

161

ENHENCING THE VALUE OF COMPENSATION

162

REFUND OF COST/Court Fee

163

APPOINTMENT OF AN AD-INTERIM RECEIVER

164

DISMISSING THE CASE

165

PERSONAL HEARING BEFORE THE COURT

168

EXEMPTION FROM FILING SPARE COPIES

169

LEAVE TO MOVE PRESENT TRANSFER PETITION

170

RELEASE OF THE FIXED DEPOSIT

171

RECOVERY OF THE AMOUNT

174

EXEMPTION FROM FILING SEPARATE COMPILATION

178

EXEMPTION FROM COMPLYING WITH S.C. RULES

179

EXTENSION OF TIME TO VACATE THE PREMISES

180

EXEMPTION FROM FILING THE POWER OF ATTORNEY

181

FORMAL DISPOSAL

182

PRODUCTION OF RECORDS

183

RETURN OF SEIZED PROPERTY

184

INSTITUTING AN ENQUIRY

185

SUSPENSION OF THE IMPUGNED JUDGMENT

186

EXEMPTION FROM FILING PROOF OF SURRENDER

187

DISPENSING WITH AUTHENTIC TRANSLATION

189

EXEMPTION FROM APPOINTMENT OF OFFICIAL TRANSLATOR

190

GRANT OF FURTHER RELIEF

191

REMOVAL OF ARBITRATOR

192

APPOINTMENT OF ENGLISH TRANSLATOR

193

CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION

195

DASTI SERVICE

196

TREATING SLP AS A PETITION OF APPEAL

197

CONDONATION OF DELAY IN FILING THE SPARE COPIES

199

EXEMPTION FROM FILING DECREE

201

REFERENCE TO A LARGER BENCH

202

OBJECTION TO OFFICE REPORT REGARDING LIMITATION

205

DISCHARGE OF GUARDIAN

207

EXEMN.FROM FILING C/C OF CERTIFICATE OF FITNESS

209

LEAVE TO DELIVER INTERROGATORIES

211

EXTENSION OF BAIL

213

PERMISSION TO ARRAY RESPONDENTS

214

PERMISSION TO FILE APPEAL

215

CONDONATION OF DELAY IN FILING APPEAL

216

ORAL HEARING

217

OBJECTIONS TO THE AWARD PASSED BY THE ARBITRATOR

218

REQUISITIONING THE RECORD FOR TRANSLATION

219

DISPENSING WITH THE APPEARANCE OF PETITIONER

220

MODIFICATION

223

APPEAL AGAINST LD. REGISTRARS UNDER ORDER VIII RULE 6(3)/ 6(4)

224

EXEMPN.FROM FILING SURR.CERT.FROMJAILAUTH

225

PRODUCTION & CUSTODY OF THE CHILD

226

CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS

227

DECLARING THE RESPONDENT AS MAJOR

231

CONDONATION OF DELAY IN FILING BILL OF COSTS

232

REGISTRATION/RE-REGISTRATION AS AN ADVOCATE-ON-RECORD

233

AMENDMENT OF APPEAL / PETITION / I.A.

234

PERMISSION TO FILE SYNOPSIS AND LIST OF DATES

235

DELETING THE NAME OF PETITIONER/RESPONDENT

236

PERMISSION TO RAISE ADDITIONAL QUESTION OF LAW

237

PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS

238

EXEMPTION FROM FILING TRIAL COURT ORDER

239

PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS

240

APPEAL AGAINST REGISTRARS ORDER XV RULE 5

241

PERMISSION TO FILE SUR-REJOINDER AFFIDAVIT

243

PERMISSION TO FILE SUPPLEMENTARY ADDITIONAL COUNTER AFFIDAVIT/AFFIDAVIT

245

CLARIFICATION/DIRECTION

247

PERMISSION TO FILE LENGTHY LIST OF DATES

252

QUASHING THE PROCEEDINGS

253

PERMISSION TO ADDUCE ADDL. EVIDENCE

254

EXEMPTION FROM CUSTODY CERTIFICATE

256

PERMISSION TO FILE AMENDED WRIT PETITION

258

CONDONATION OF DELAY IN FILING AFFIDAVIT OF DASTI SERVICE

259

PERMISSION TO ADD THE COMPLAINANT AS PARTY RESPONDENT

260

CONDONATION OF DELAY IN FILING PROOF OF PUBLICATION

261

CONDONATION OF DELAY IN FILING REPLY AFFIDAVIT

262

CONDONATION OF DELAY IN FILING THE WRITTEN SUBMISSION

263

CROSS OBJECTION

264

PERMISSION TO APPEAR AND ARGUE IN PERSON

266

EXEMPTION FROM FILING THE COPY OF F.I.R.

267

EXEMPTION FROM FILING PAPER BOOKS

268

SEEKING LEAVE TO FILE WRITTEN ARGUMENTS

270

PERMISSION FOR WITHDRAWAL OF AMOUNT

271

INITIATING CRIMINAL PROCESSDINGS U/S 340 OF CRPC

273

PASSING APPROPRIATE ORDER OR DECREE UNDER ARTICLE 142 OF THE CONSTITUTION

274

WITHDRAWAL OF THE COST DEPOSITED

275

PERMISSION TO FILE STATEMENT OF WITNESSES

276

CONDONATION OF DELAY IN DEPOSITING COST

277

RECTIFICATION OF COURTS ORDER IN TYPOGRAPHICAL ERROR

278

DECIDING THE PERIOD OF SENTENCE SERVED BY THE PETITIONER

279

PERMISSION TO PLACE ON RECORD THE MEDICAL RECORD OF THE PETITIONER

280

PERMISSION TO ADD FURTHER ADDITIONAL PRAYERS IN THE APPLICATION FOR DIRECTION

281

PERMISSION TO DEPOSIT COST (including in SCLSC)

282

PERMISSION TO EFFECT SERVICE TO SOLE RESPONDENT THROUGH FAMILY COURT

283

EXEMPTION FROM FILING STATEMENT OF CASE

284

QUASHING THE NOTIFICATION

286

MESNE PROFIT AND DAMAGES

287

CONTEMPT PETITION

288

PERMISSION TO FILE SLP WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER

289

PERMISSION TO REPLACE THE PAGE

290

CLUBBING OF SIMILAR SLPS FOR PROPER ADJUDICATION

291

ADMISSION OF NEW EVIDENCE

293

FILING MEMORANDUM OF DRAFT COMPROMISE ON RECORD

294

LEAVE OF THE COURT UNDER SECTION 320, CR.P.C. TO COMPOUND/COMPROMISE

295

EXEMPTION FROM FILING SEPARATE SLP

296

APPROPRIATE ORDERS/DIRECTIONS

297

PERMISSION TO APPEAR THROUGH POWER OF ATTORNEY

298

PERMISSION TO PLACE ON RECORD THE DOCUMENTS IN SEALED COVER

299

PRODUCTION OF PHOTOCOPIES

300

EXEMPTION FROM FILING SEPARATE CERTIFICATE OF SURRENDER

301

UNDER SECTION 24 OF HINDU MARRIAGE ACT

302

INITIATION OF PROCEEDINGS OF PERJURY

303

PERMISSION TO FILE APPLICATION FOR DIRECTION

305

EXTENSION OF TIME FROM SURRENDERING

307

PERMISSION TO INTERCHANGE PAGES

308

INTERIM CUSTODY

309

EX-PARTE BAIL

310

PERMISSION TO PLACE ADVERTISEMENTS ON RECORD

311

PLACING ON RECORD THE CUSTODY CERTIFICATE

312

APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A.

313

PLACING ON RECORD MEMORANDUM OF AGREEMENT

315

UNDER SECTION 151 OF CPC

316

PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES

317

RE-HEARING OF MATTER

320

APPLICATION FOR DIVORCE

321

APPLICATION UNDER ORDER V RULE 20 CPC FOR EFFECTING SERVICE THROUGH PUBLICATION

322

LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007

324

APPLICATION FOR INSPECTION OF FILE

325

APPL. UNDER ORDER 12 RULE 5 SCR FOR ISSUE OF DECREE

326

APPLICATION FILED INVOKING INHERENT & DISPENSING POWER

327

APPLICATION FOR TRANSPOSITION

328

APPLICATION FOR PERMISSION TO FILE REVIEW PETITION

329

CERTIFIED COPY OF S.L.P.

330

APPLICATION TO PLACE ON-RECORD VALUATION OF PROPERTY

331

APPLICATION FOR REQUISITIONING RECORD FROM THE CUSTODY OF COURT OR ANY OTHER AUHTORITY

332

APPLICATION UNDER ORDER XXII RULE 2 CPC

333

APPLICATION FOR RECEIVING CERTIFIED COPIES OF PLEADINGS, DOCUMENTS AND ORDERS

338

AMENDMENT IN CAUSE TITLE

339

APPLICATION FOR LISTING REVIEW PETITION IN OPEN COURT

340

Application for permission to file Revised Affidavit of Undertaking

341

APPLICATION FOR LISTING CURATIVE PETITION IN OPEN COURT

342

APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT

343

DISMISSAL OF APPEAL

344

APPLICATION FOR SEEKING REDUCTION OF TIME GRANTED BY COURT

345

APPLICATION UNDER SECTION LV RULE 6

346

APPLICATION FOR ISSUING WARRANT

347

APPLICATION FOR PERMISSION

348

EXEMPTION FROM FILING DEATH CERTIFICATE / CERTIFIED COPY OF DEATH CERTIFICATE

349

APPLICATION FOR RETURN OF ORIGINAL DOCUMENT

350

APPLICATION FOR EXTENSION OF INTERIM PROTECTION

351

APPLICATION FOR MODIFICATION OF PARTY DETAILS / CHALLENGED JUDGEMENT DETAILS

352

APPLICATION FOR FILING THE PETITION WITHOUT DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT

353

APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT

354

EXEMPTION FROM FILING LIST OF DATES / SYNOPSIS

355

APPLICATION FOR EXEMPTION FROM FILING THE RESIDENTIAL ADDRESS OF RESPONDENT/CONTEMNOR WITH AFFIDAVIT

356

APPLICATION FOR ADJOURNMENT

357

APPLICATION FOR TAGGING/DETAGGING

358

APPLICATION FOR VACATION OF INTERIM ORDER

359

APPLICATION FOR WAIVER OF ADDITIONAL COSTS

360

APPLICATION FOR SEEKING RELAXATION FOR CONDITIONS OF BAIL

361

Permission to make oral submissions

362

APPLICATION FOR EXEMPTION FROM FILING MEMO OF PETITION

363

APPLICATION FOR PAYROLL

364

APPLICATION FOR RECTIFICATION

365

APPLICATION FOR WIDENING THE SCOPE OF SLP/APPEAL

366

APPLICATION FOR PERIMSSION TO MEDIATION

367

APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS

368

APPLICATION FOR PUBLISHING THE SUMMONS

369

SUO MOTU ENHANCEMENT NOTICE AS A SEPARATE CAUSE

370

APPLICATION FOR DISPOSAL OF SLP BY THE RESPONDENT

371

APPLICATION FOR REVIVAL

372

APPL. UNDER ORDER 13 RULE 2 SCR 2013 FOR ISSUE OF PAPERBOOK

373

CONDONATION OF DELAY IN FILING APPEAL AGAINST REGISTRAR ORDER

374

APPLICATION FOR SETTING ASIDE THE ORDER

375

APPLICATION FOR EXEMPTION FROM PAYMENT OF COSTS

376

ISSUE OF CERTIFICATE OF EXCESS COURT FEES PAID UNDER ORDER -V, RULE 1(7) OF SCR 2013

377

APPLICATION FOR SETTLEMENT

378

APPLICATION UNDER ART, 142 READ WITH ORDER LV RULE 1 OF SCR 2013 TO PLACE ON RECORD ADDITIONAL PLEAD

379

APPLICATION U/S 7-A [9(2) old] OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015

380

APPEAL UNDER ORDER V RULE 3 OF SCR 2013

381

APPLICATION FOR ABATEMENT

382

APPLICATION FOR CONDONATION OF DELAY IN FILING APPLICATION FOR SUBSITUTED SERVICE

383

APPEAL AGAINST LD. REGISTRARS ORDER VIII RULE 6(5)

384

APPLICATION FOR WITHDRAWAL OF COUNTER AFFIDAVIT

385

APPLICATION FOR DISCHARGE OF NON-BAILABLE WARRANT WITH AFFIDAVIT

386

APPLICATION FOR TAKING ON RECORD

387

APPLICATION FOR CONDONATION OF DELAY IN APPOINTING REGISTERED CLERK

388

APPLICATION FOR REJECTION OF THE PLAINT

389

DISCHARGE OF SERVICE

390

APPLICATION FOR CONDONATION OF DELAY IN FILING EXTENSION OF TIME

391

COMPLIANCE OF COURTS ORDER

392

APPOINTMENT OF ARBITRATOR U/S 11(6) OF THE ARBITRATION AND CONCILIATION ACT,1966

393

APPLICATION FILED UNDER SECTION 17B OF INDUSTRIAL DISPUTES ACT,1947

394

CONDONATION OF DELAY IN FILING PROOF OF SURRENDER

395

APPLICATION FOR EXEMPTION FROM FILING ORIGINAL CUSTODY CERTIFICATE

Reduction in number of IA is very much desirable and instead of interim orders attempt should be final disposal.

In ground reality we find practice of exploring IA for prolonging litigation.

 

By: DEV KUMAR KOTHARI - March 10, 2023

 

 

 

Quick Updates:Latest Updates