Report No. 79

VII. Interlocutory Orders

5.27. Appeals and revisions against interlocutory orders.-

The filing of appeals or applications for revision sometimes creates problems where the appeal or revision is against an interlocutory order, as the grant by the court of appeal or revision of stay of proceedings holds up the progress of the case in the lower court.

5.28. Records not to be sent for unless express orders made.-

We recommend that in revisions against interlocutory orders, records of the court below should not be sent for,1 unless an express order is made for he purpose by the High Court. It shall be the responsibility of the petitioner in such a case to file, copies of pleadings, documents, depositions, applications and replies thereto or orders as are sought to be relied upon at the time of the hearing of the revision. The copies shall be accompanied by an affidavit about their correctness. The same should be the procedure in appeals against interlocutory orders, as already indicated.2

1. See also para. 5.17, supra.

2. Para. 5.17, supra.

5.29. Service on pleade.-

Amendment of Order 3, rule 4(3), C.P.C. recommended.-

We are also of the view that in order to obviate any delay in getting service effected upon the respondents in appeals or petitions for revision against interlocutory orders, service may be effected upon the counsel representing the respondents in trial court. An amendment in the law appears to be needed in the interests of expeditious justice. We are, however, of the opinion that so far as service of injunctions is concerned, the same should be effected upon the party itself, and not upon the counsel.

5.30. Recommendation to amend Order 3, rule 4(3), C.P.C.-

We, therefore, recommend that the following proviso should be1 added to Order 3, rule 4, sub-rule (3) of the Code of Civil Procedure, 1908:

To be added to Order 3, rule 4(3), C.P.C.

"Provided that in regard to an appeal or petition for revision against an interlocutory order passed in the course of a suit or other proceeding, pending on the date of filing of such appeal or petition, service of any notice or document issued by the court hearing the appeal or petition on the pleader representing any party in the suit or other proceedings in the trial court shall, unless the court otherwise directs, be as effectual as service upon the party represented by the pleader, but nothing in this proviso shall authorise service on the pleader of any injunction issued by the court of appeal or revision."

1. For amendment of Code.