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INTERLOCUTORY ORDERS PPT

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28 views7 pages

INTERLOCUTORY ORDERS PPT

Uploaded by

Aryan Xworld007
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PPTX, PDF, TXT or read online on Scribd
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INTERLOCUTORY ORDERS(Order 39, Rules

6-10)
Meaning: An interlocutory order is one which is made
pending the cause and before a final hearing on the merits.
An interlocutory order is made to secure some end and
purpose necessary and essential to the progress of the suit,
and generally collateral not connected with the final
judgment.
Amar Nath v. Haryana, AIR 1977 SC 2185 – The term
“interlocutory order” merely denotes orders of a purely
interim or temporary nature which do not decide or touch the
important rights or the liabilities of the parties.
ORDER 39, RULES 6-10
Order 39, Rule 6 talks about the power to hold an interim
Sale. The court may order the sale of any movable property
being the subject matter of the suit.
Furthermore, these movable properties also include such
things which are subject to natural delay and will be
rendered futile if not sold swiftly.
For example, the court may order the sale of fruits and
vegetables if they are a matter of suit as they cannot be
stored indefinitely and are perishable goods.
Order 39, Rule 7 talks about the detention or inspection of
the subject matter of the suit.
Essentially, the court may order any individual to retain,
preserve or inspect the property of dispute.
The court may pass such an order specific observations or
experiments upon the disputed land if it were to deem it
necessary for the purpose of obtaining complete information.
Order 39, Rule 8 brings closure to rule 6 and 7 on grounds
of equity. It claims that an order under rule 6 and 7 will only
be passed if:
• The applicant applies for the order after the institution of
the suit.
• The applicant provides notice of the application to the
parties involved in the suit.
• The other parties of the suit have been given a fair chance
to argue against the interim order.
• However, the rule is subject to the exception that if the
hearing would cause delay leading to the loss of the
objective of the suit.
Order 39, Rule 9 talks in relation to an instance if land
paying revenue is the subject matter of the suit.
It speaks about if an individual neglects paying his
government revenue or the rent to his proprietor, then the
court may order the sale of the land or tenure, as the case
may be, to any party interested in buying that said land or
tenure.
The proceeds from the sale can be used to compensate the
defaults in the payment of the rent. Furthermore, the party
who was interested in buying the property, by the decree of
the court, can be compensated by the defaulter.
Order 39, Rule 10 talks about dispute over money or any
item which is capable of delivery.
If in the dispute, a party claims to have the trusteeship of the
disputed item, then the court may order that item to be
deposited in the able hands of the court until the dispute is
resolved.
THANK YOU

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