Interlocutory applications or interim application are filed during the pendency or course of litigation. Such applications should be drafted with the same care as pleadings. Like pleading the lA's should be both precise as well as brief and devoid of irrelevant matters. Drafting of Interlocutory Application: The grounds on which application is moved should to the extent possible be stated in the words of the law under which the application is fitted.
For ex., in an application for setting aside
an expert decree against the defendant, the defendant should say that "the
summons was not duly served" or that "the defendant was prevented by
any sufficient cause from appearing when the suit was called on for the
hearing". It is not advisable to employ a language different from the law
under which the application is made. Like a plaint every application should
have a heading and a title. The name of the Court should be given at the top
and thereafter should follow the name of the applicant and the opposite party.
When the . application is moved in connection
with a suit or proceeding, the number and the cause title of that suit or
proceeding alone should be given after the name of the court. The body of the
application should be either in the form of petition: "The humble
application of the plaintiff in the above mentioned suit, respectfully submits
as follows' or it may be written like plaint. "Application for restituting
under section 144, CPC by the defendant in the above mentioned suit The
applicant humbly begs to submit as follows: It is not absolutely necessary that
the law under which the application is filed should be given. Like pleadings
facts in the application should be stated in brief and concise language.
The application should be divided into paragraphs
and one paragraph as far as possible should narrate one allegation except where
two or more allegations are so connected with each other that it is better to
give them in one paragraph. With some application affidavits are filed and if
in such cases the facts are too long things need not be narrated in the
application.
They should only be narrated in the affidavit
and in such cases the application should be worded in some such form: "For
the reasons above in the annexed affidavit, the applicant prays that etc".
The application should end with a prayer. The payer should be in the following
form: "The applicant! Plaintiff! Defendant, therefore prays": etc. After
prayer, should follow the signature of the applicant where law requires the
verification, the application should also be verified.
Examples of Interlocutory Applications
Provided under CPC
a) Application under order 6 Rule 17 CPC for
amendment,
b) Application under section 95 CPC for
compensation for arrest or attachment before judgment on insufficient grounds.
c) Application under sec. 144 for
restitution.
d) Application under sec. 151.
e) Application under sec. 152 for amendment
of judgments, decrees or orders,
f) Application under order IX Rule4 for
setting aside an order dismissing a suit for default of the parties,
g) Application under order IX Rule 9 CPC for
setting aside and order dismissing a suit for plaintiff's default,
h) Application under order IX Rule I, for
leave to deliver interrogatories,
i) Objections under sec. 47 or sec.60.
j) Objections under order XXI Rule 58, or
order XXI Rule 89, 90, 91, or order XXI, Rule 98,
k) Substitution applications under order XXII
CPC.
l) Application under order XXVIII Rule 1 or
Rule 5,
m) Applications under order XXIX. For an
interim injunctions, application under order XL, for appointment of receiver,
n) Application under order XLVII for review.
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