Interlocutory Applications — Types, Drafting and Procedure Guide 2026

What Are Interlocutory Applications?

Interlocutory applications (IAs) are applications filed DURING the pendency of a suit/proceeding seeking interim or procedural relief before the final hearing. They do not decide the main dispute — they address urgent or procedural matters that cannot wait for the final hearing. Common IAs: temporary injunction, attachment before judgment, appointment of receiver, amendment of pleadings, production of documents, adjournments, and condonation of delay. IAs are governed by specific CPC Orders — each type has its own requirements and procedure.

Types of Interlocutory Applications

1. Temporary Injunction — Order 39

The most common IA — seeking a court order to RESTRAIN a party from doing (or continuing) a specific act pending final disposal. Requirements (three conditions — all must be satisfied): (a) Prima facie case: The applicant must show a triable issue — a reasonable probability of success at trial, (b) Irreparable harm: The harm cannot be compensated by monetary damages if the injunction is not granted, (c) Balance of convenience: More inconvenience to the applicant if injunction is refused than to the respondent if injunction is granted. Examples: injunction against property alienation, injunction against trademark infringement, injunction against construction activity.

2. Attachment Before Judgment — Order 38

Seeking attachment of the defendant's property to prevent its disposal during litigation. Available when: the defendant is about to dispose of property OR remove property from jurisdiction with intent to obstruct decree execution. The court attaches the property — preventing the defendant from selling or encumbering it until the suit is decided.

3. Appointment of Receiver — Order 40

Seeking appointment of a neutral person (receiver) to take custody and manage disputed property during litigation. Used when: the property is at risk of damage, mismanagement, or loss if left with either party. The receiver manages the property, collects income, and preserves it for the eventual winner.

4. Amendment of Pleadings — Order 6 Rule 17

Seeking permission to amend the plaint or written statement — adding new facts, new parties, new relief, or correcting errors. The court allows amendment if: (a) it is necessary for determining the real question in controversy, (b) it can be made without injustice to the other party, (c) the amendment does not change the nature of the suit. Costs may be imposed as a condition for allowing amendment.

5. Production and Discovery — Orders 11-12

Seeking production of specific documents in the opposite party's possession, or seeking discovery of facts through interrogatories (written questions). These IAs help in gathering evidence before trial.

Drafting Format — Interlocutory Application

[Standard format]

IN THE COURT OF [Court Name]

CIVIL SUIT NO. _____ OF 20XX

[Plaintiff] ..... APPLICANT | vs | [Defendant] ..... RESPONDENT

INTERLOCUTORY APPLICATION UNDER [Order/Rule/Section]

For: [Brief description — "Temporary Injunction restraining the Respondent from alienating the suit property"]

The Applicant most respectfully submits:

1. [Facts — brief, relevant to the interim relief sought]

2. [Why the relief is needed — urgency, irreparable harm]

3. [Legal basis — prima facie case, balance of convenience]

PRAYER: The Applicant prays that this Court may be pleased to: (a) grant temporary injunction restraining the Respondent from [specific act] pending disposal of the suit, (b) grant ex parte ad interim injunction in the first instance, (c) award costs.

AFFIDAVIT: [Attached — supporting the facts stated in the IA]

Ex Parte Interim Relief

In cases of extreme urgency: the court may grant INTERIM relief WITHOUT hearing the respondent (ex parte) — based solely on the applicant's IA and affidavit. Under Order 39 Rule 3: ex parte injunctions are granted when: (a) delay would defeat the purpose, (b) the applicant would suffer irreparable harm before notice can be served. Ex parte orders are temporary — the court must fix a hearing date (typically within 7-14 days) for the respondent to be heard. If the respondent shows cause: the ex parte order may be confirmed, modified, or vacated.

Key Principles for IA Drafting

(a) Brevity: IAs should be SHORT and focused — address only the interim relief, not the merits of the main case. (b) Urgency: Show WHY the relief cannot wait for the final hearing — what harm will occur in the interim. (c) Supporting affidavit: EVERY IA must be supported by an affidavit verifying the facts — the court relies on the affidavit for prima facie assessment. (d) Specific prayer: State EXACTLY what relief you want — "restrain the Defendant from selling the property at [Address]" (not vague — "restrain the Defendant from all activities"). (e) Clean hands: The applicant must approach the court with clean hands — any suppression of material facts will lead to rejection of the IA.

Interlocutory Applications Before NCLT

NCLT has its own rules for IAs: (a) filed in the prescribed NCLT form, (b) supported by affidavit, (c) served on all respondents, (d) NCLT can grant interim relief under Section 242 (stay of oppressive acts, restraining share transfers, etc.). Company Secretaries appearing before NCLT frequently file IAs for: stay of Board decisions, protection of minority rights, and preservation of company assets during oppression/mismanagement proceedings.