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Civil Procedure Code Relief

Interlocutory order (o39 , r 6-r10 )

Interlocutory orders are also somewhat similar to temporary injunctions. Interlocutory order only settles intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgment. These orders are also of different natures, such as:

  • Interim Sale : Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc.
  • Detention Preservation , Inspection, etc of subject matter of suit

The court may order for:

  1. etention, preservation or inspection of property or documents.
  2. Authorize any person to enter into any land or building, which is in the possession of other party, for the purposes of detention, preservation or inspection etc.
  3. To authorize any person to take samples.
  • Deposit of Money: If the subject matter of suit is money, or movable
  • Property, the court may order the person holding the money in dispute to be deposited in the court.
  • Order of " Res judicata "( Some issue cannot be raised, once decided) ( sec 10 & 11)
  • "Res Judicata" means an issue, which has already been decided by the court, in a previous case, cannot be raised again in a subsequent case.
  • If such an issue, which is raised again, is substantial and material in
  • a case, then the court may dismiss the whole case out rightly, before final hearing

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