Response

The term ‘Call with IA’, implies that the interim application filed were pending in the current suits/ proceedings due to which the court has called the parties to hear the same and dispose of the applications to continue or initiate with the current proceedings. One might have based on case circumstances argue on the IA”s and the proceedings can be done further.

An interlocutory order has been defined as the application which had already been initiated and does not include proceeding in relation to the decree, order’s execution. The order so passed in relation to such orderd are termed as interlocutory orders.

In such application, the serious matters are not delved upon by the court authorities thus the serious arguments or counter arguments are not entertained nor the facts are so specifically seen by the authorities as the resolution might have chances to determination of original case.

The main reason for such matters so entertained by the court are for the prevention of the harm of irreparable nature in relation to the person or prperty directly a party to suit or otherwise.

Order 39 Rule 6 to 10 states the definition and scope of interlocutory orders to include the power of te court to mention interim sale of the movable property, detention of any property which is the subject-matter of such suit.

Along with, when the land in the suit is liable to Government revenue or is tenure liable to the sale and the party in possession neglects to pay the revenue or rent, the court may order any other party to the suit in case of sale of the land to be put in immediate possession of the property

Reference: Civil Procedure Code, 1908 – – AHG81 – 202100585 – 41 – 12 – 202100262-20210043-8976

LAWAYZ-2023-891