TMI BlogNumber of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice.X X X X Extracts X X X X X X X X Extracts X X X X ..... Number of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice. - By: - DEV KUMAR KOTHARI - Other Topics - Dated:- 10-3-2023 - - Number of cases are multiplied by several type of INTERLOCUTORY APPLICATIONS the system need to be checked to reduce IA and other aspects which cause delay in delivery of justice. Number of pending cases: We find that there are large number of cases pending in various courts all over India and elsewhere also. One of reason for such pendency can be described as scope of filing various type of INTERLOCUTARY APPLICATION in short IA. Such applications are described by various other names also in various courts. In a main case there can be several IA and that adds to large number of pending and disposed off cases. Although number of disputes are not increased by filing of IA. For example there can be IA for Condonation of delay, exemption from filing certified copy of orders/ judgment against which appeal is filed, exemption from service of notice on other party and IA for passing EX-PARTE AD-INTERIM RELIEF ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IA for granting stay, for extending stay , for vacating stay. Similarly for interim relief, extension of interim relief or IA for vacating interim relief obtained by one party. In each of such IA lot of paper work and appearance is required. Parties to save their interest has to make arrangements for representations otherwise there can be decision adverse to him. And the judges have to spend their valuable time in hearing and deciding IA. Each IA can be a source of extended litigation and for delaying justice. Due to IA there are large occasions of fixing the case, appearance in cause lists , hearing , adjournments, and orders. IA need to be checked and misuse of IA is desirable. On the website of the Supreme Court we find various types of IA numbering 395 as follows: https://main.sci.gov.in/interlocutary-application CODE NOMENCLATURE OF INTERLOCUTARY APPLICATION 1 GRANT OF INTERIM RELIEF 2 VACATING STAY 3 EARLY HEARING APPLICATION 5 INTERVENTION APPLICATION 6 A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DDITION / DELETION / MODIFICATION PARTIES 7 AMENDMENT IN RECORD 8 EX-PARTE AD-INTERIM RELIEF 9 INTERIM INJUNCTION 10 EXEMPTION FROM PERSONAL APPEARANCE 11 EX. SECURITY AMOUNT 13 CHANGE OF ADVOCATE ON RECORD 14 DOCUMENT TAKEN ON RECORD 15 AD-INTERIM WRIT 16 WITHDRAWAL OF CASE / APPLICATION 17 EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT 19 XTRA 20 APPOINT P.LIQUIDATOR 21 GRANT OF INJUNCTION 22 STRIKING OUT A PARTY 23 U/S 552 FOR WIND UP 27 STAY APPLICATION 28 CONDONATION OF DELAY IN FILING 29 APPLICATION FOR SUBSTITUTION 30 SETTING ASIDE AN ABATEMENT 31 COMPROMISE R.3 O.23 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 35 DISPENSING WITH SERVICE OF NOTICE 40 GRANT OF BAIL 41 BAIL CANCELLATION 42 COMPOUNDING OFFENCE 48 INTERIM BAIL 49 ANTICIPATORY BAIL 56 APPLICATION U/O 39 RULE 1 AND 2 57 APPLICATION U/O 41 RULE 5 59 EXTENSION OF TIME 60 EXEMPTION FROM NON APPEARANCE 61 CONDONATION OF NON APPEARANCE 65 REJOINDER 66 APPLICATION FOR FINAL HEARING AT MOTION STAGE 68 APPLICATION FOR HEARING DURING VACATION 71 RECALL OF ORDER OF NON-BAILABLE WARRANT 72 RECALL OF ORDER OF BAILABLE WARRANT 73 EX-PARTE STAY 77 SUBSTITUTED SERVICE 79 EXEMPTION FROM PAYING COURT FEE 81 EXEMPTION FROM FILING O.T. 82 EXEM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... PTION FROM FILING AFFIDAVIT 84 DISCHARGE OF ADVOCATE ON RECORD 85 APPOINT A NEXT FRIEND 86 DISCHARGE A NEXT FRIEND 87 APPOINT A GUARDIAN OF A MINOR 88 AMENDMENT OF THE PETITION 91 LEAVE TO PROCEED AS AN INDIGENT PERSON 93 INTERVENTION/IMPLEADMENT 95 PERMISSION TO FILE PETITION (SLP/TP/WP/..) 96 DECLARING THE PETITIONER AS MAJOR 97 INITIATING CONTEMPT PROCEEDINGS 99 EXEMPTION FROM SURRENDERING WITHIN TIME 101 RESTORATION 102 ISSUANCE OF NON-BAILABLE WAR. OF ARREST 103 CONDONATION OF DELAY IN FILING SUBSTITUTION APPLN. 104 APPOINTMENT OF COMMR./RECEIVER 105 FILING C/C OF THE TRIAL CT. JUDGMENT 107 EXEMPTION FROM FILING ANNEXTURES 111 MODIFICATION OF COUR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T ORDER 112 SUSPENSION OF SENTENCE 114 DISPENSING WITH PRINTING OF APPEAL RECORD 115 REFUND OF SECURITY 116 EXTENSION OF EX-PARTY STAY 117 GRANT OF MAINTENANCE 118 CANCELLATION OF BAIL 119 CONDONATION OF DELAY IN FILING BANK GUARANTEE 120 GRANT OF PAROLE 121 ORDERS ON ACCOUNT OF DEFAULT 122 EXEMPTION FROM SERVING NOTICE 123 DISCHARGE OF BANK GUARANTEE 124 STAY OF EXECUTION OF SENTENCE OF DEATH 127 CONDONATION OF DELAY IN FILING COUNTER AFFIDAVIT 128 REVOCATION OF COURT ORDER 130 REMMITTING OF SENTENCE 131 ISSUE OF BAILABLE WARRANT OF ARREST 132 INTERIM CUSTODY OF CHILD 133 CONDONATION OF DELAY IN FILING UNDERTAKING 134 COR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... RECTION OF MISTAKES IN THE JUDGMENT 136 CONDONATION OF DELAY IN FILING REVIEW PETITION 137 OBJECTION PETITION 138 MAKING THE AWARD RULE OF THE COURT. 139 CONDONATION OF DELAY IN MAKING DEPOSIT 140 CONDONATION OF DELAY IN FILING REJOINDER 141 CALLING RECORD OF HIGH COURT 143 REIMBURSMENT OF EXPENSES 144 PERMISSION TO COMPOUND THE OFFENCE 146 APPOINTMENT OF AMICUS CURIE/FREE LEGAL AID 147 CONDONATION OF DELAY IN FILING ADDL. DOCUMENTS 149 MODIFICATION OF CONSENT TERMS 150 SUMMONING ORIGINAL RECORD 151 DELINKING THE PETITION 152 PERMISSION TO COMPOUND THE SENTENCE 153 RELEASE OF THE RESPONDENT ON PAROLE 154 RECALLING THE COURTS ORDER 155 SUSPENDING/EXEMPTING THE PAYMENT OF FINE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 156 FILING ADDL. GROUND OF APPEAL 157 FIXING DATE OF HEARING 158 WITH REPORT OF THE SUP.COURT LEGAL AID COMMITTEE 160 RELEASE OF THE PETITIONER 161 ENHENCING THE VALUE OF COMPENSATION 162 REFUND OF COST/Court Fee 163 APPOINTMENT OF AN AD-INTERIM RECEIVER 164 DISMISSING THE CASE 165 PERSONAL HEARING BEFORE THE COURT 168 EXEMPTION FROM FILING SPARE COPIES 169 LEAVE TO MOVE PRESENT TRANSFER PETITION 170 RELEASE OF THE FIXED DEPOSIT 171 RECOVERY OF THE AMOUNT 174 EXEMPTION FROM FILING SEPARATE COMPILATION 178 EXEMPTION FROM COMPLYING WITH S.C. RULES 179 EXTENSION OF TIME TO VACATE THE PREMISES 180 EXEMPTION FROM FILING THE POWER OF ATTORNEY 181 FORMAL DISPOSAL ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 182 PRODUCTION OF RECORDS 183 RETURN OF SEIZED PROPERTY 184 INSTITUTING AN ENQUIRY 185 SUSPENSION OF THE IMPUGNED JUDGMENT 186 EXEMPTION FROM FILING PROOF OF SURRENDER 187 DISPENSING WITH AUTHENTIC TRANSLATION 189 EXEMPTION FROM APPOINTMENT OF OFFICIAL TRANSLATOR 190 GRANT OF FURTHER RELIEF 191 REMOVAL OF ARBITRATOR 192 APPOINTMENT OF ENGLISH TRANSLATOR 193 CONDONATION OF DELAY IN FILING APPLICATION FOR RESTORATION 195 DASTI SERVICE 196 TREATING SLP AS A PETITION OF APPEAL 197 CONDONATION OF DELAY IN FILING THE SPARE COPIES 199 EXEMPTION FROM FILING DECREE 201 REFERENCE TO A LARGER BENCH 202 OBJECTION TO OFFICE REPORT REGARDING LIMITATION 205 DISCHARGE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OF GUARDIAN 207 EXEMN.FROM FILING C/C OF CERTIFICATE OF FITNESS 209 LEAVE TO DELIVER INTERROGATORIES 211 EXTENSION OF BAIL 213 PERMISSION TO ARRAY RESPONDENTS 214 PERMISSION TO FILE APPEAL 215 CONDONATION OF DELAY IN FILING APPEAL 216 ORAL HEARING 217 OBJECTIONS TO THE AWARD PASSED BY THE ARBITRATOR 218 REQUISITIONING THE RECORD FOR TRANSLATION 219 DISPENSING WITH THE APPEARANCE OF PETITIONER 220 MODIFICATION 223 APPEAL AGAINST LD. REGISTRARS UNDER ORDER VIII RULE 6(3)/ 6(4) 224 EXEMPN.FROM FILING SURR.CERT.FROMJAILAUTH 225 PRODUCTION CUSTODY OF THE CHILD 226 CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS 227 DECLARING THE RESPONDENT AS MAJOR 231 CONDONATION OF DELAY IN FI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LING BILL OF COSTS 232 REGISTRATION/RE-REGISTRATION AS AN ADVOCATE-ON-RECORD 233 AMENDMENT OF APPEAL / PETITION / I.A. 234 PERMISSION TO FILE SYNOPSIS AND LIST OF DATES 235 DELETING THE NAME OF PETITIONER/RESPONDENT 236 PERMISSION TO RAISE ADDITIONAL QUESTION OF LAW 237 PERMISSION TO PLACE ADDITIONAL FACTS AND GROUNDS 238 EXEMPTION FROM FILING TRIAL COURT ORDER 239 PERMISSION TO PLACE ON RECORD SUBSEQUENT FACTS 240 APPEAL AGAINST REGISTRARS ORDER XV RULE 5 241 PERMISSION TO FILE SUR-REJOINDER AFFIDAVIT 243 PERMISSION TO FILE SUPPLEMENTARY ADDITIONAL COUNTER AFFIDAVIT/AFFIDAVIT 245 CLARIFICATION/DIRECTION 247 PERMISSION TO FILE LENGTHY LIST OF DATES 252 QUASHING THE PROCEEDINGS 253 PERMISSION TO ADDUCE ADDL. EVIDENCE 254 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EXEMPTION FROM CUSTODY CERTIFICATE 256 PERMISSION TO FILE AMENDED WRIT PETITION 258 CONDONATION OF DELAY IN FILING AFFIDAVIT OF DASTI SERVICE 259 PERMISSION TO ADD THE COMPLAINANT AS PARTY RESPONDENT 260 CONDONATION OF DELAY IN FILING PROOF OF PUBLICATION 261 CONDONATION OF DELAY IN FILING REPLY AFFIDAVIT 262 CONDONATION OF DELAY IN FILING THE WRITTEN SUBMISSION 263 CROSS OBJECTION 264 PERMISSION TO APPEAR AND ARGUE IN PERSON 266 EXEMPTION FROM FILING THE COPY OF F.I.R. 267 EXEMPTION FROM FILING PAPER BOOKS 268 SEEKING LEAVE TO FILE WRITTEN ARGUMENTS 270 PERMISSION FOR WITHDRAWAL OF AMOUNT 271 INITIATING CRIMINAL PROCESSDINGS U/S 340 OF CRPC 273 PASSING APPROPRIATE ORDER OR DECREE UNDER ARTICLE 142 OF THE CONSTITUTION 274 WITHDRAW ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AL OF THE COST DEPOSITED 275 PERMISSION TO FILE STATEMENT OF WITNESSES 276 CONDONATION OF DELAY IN DEPOSITING COST 277 RECTIFICATION OF COURTS ORDER IN TYPOGRAPHICAL ERROR 278 DECIDING THE PERIOD OF SENTENCE SERVED BY THE PETITIONER 279 PERMISSION TO PLACE ON RECORD THE MEDICAL RECORD OF THE PETITIONER 280 PERMISSION TO ADD FURTHER ADDITIONAL PRAYERS IN THE APPLICATION FOR DIRECTION 281 PERMISSION TO DEPOSIT COST (including in SCLSC) 282 PERMISSION TO EFFECT SERVICE TO SOLE RESPONDENT THROUGH FAMILY COURT 283 EXEMPTION FROM FILING STATEMENT OF CASE 284 QUASHING THE NOTIFICATION 286 MESNE PROFIT AND DAMAGES 287 CONTEMPT PETITION 288 PERMISSION TO FILE SLP WITHOUT CERTIFIED/PLAIN COPY OF IMPUGNED ORDER 289 PERMISSION TO REPLACE THE PAGE 290 C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... LUBBING OF SIMILAR SLPS FOR PROPER ADJUDICATION 291 ADMISSION OF NEW EVIDENCE 293 FILING MEMORANDUM OF DRAFT COMPROMISE ON RECORD 294 LEAVE OF THE COURT UNDER SECTION 320, CR.P.C. TO COMPOUND/COMPROMISE 295 EXEMPTION FROM FILING SEPARATE SLP 296 APPROPRIATE ORDERS/DIRECTIONS 297 PERMISSION TO APPEAR THROUGH POWER OF ATTORNEY 298 PERMISSION TO PLACE ON RECORD THE DOCUMENTS IN SEALED COVER 299 PRODUCTION OF PHOTOCOPIES 300 EXEMPTION FROM FILING SEPARATE CERTIFICATE OF SURRENDER 301 UNDER SECTION 24 OF HINDU MARRIAGE ACT 302 INITIATION OF PROCEEDINGS OF PERJURY 303 PERMISSION TO FILE APPLICATION FOR DIRECTION 305 EXTENSION OF TIME FROM SURRENDERING 307 PERMISSION TO INTERCHANGE PAGES 308 INTERIM CUSTODY 309 EX-PAR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TE BAIL 310 PERMISSION TO PLACE ADVERTISEMENTS ON RECORD 311 PLACING ON RECORD THE CUSTODY CERTIFICATE 312 APPLN. UNDER SEC 142 OF THE CONSTITUTION R/W SEC 13B OF H.M.A. 313 PLACING ON RECORD MEMORANDUM OF AGREEMENT 315 UNDER SECTION 151 OF CPC 316 PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES 317 RE-HEARING OF MATTER 320 APPLICATION FOR DIVORCE 321 APPLICATION UNDER ORDER V RULE 20 CPC FOR EFFECTING SERVICE THROUGH PUBLICATION 322 LEAVE TO APPEAL U/S 31(1) OF THE ARMED FORCES TRIBUNAL ACT, 2007 324 APPLICATION FOR INSPECTION OF FILE 325 APPL. UNDER ORDER 12 RULE 5 SCR FOR ISSUE OF DECREE 326 APPLICATION FILED INVOKING INHERENT DISPENSING POWER 327 APPLICATION FOR TRANSPOSITION 328 APPLICATION FOR PERMISSION TO FILE REVIEW PETIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ION 329 CERTIFIED COPY OF S.L.P. 330 APPLICATION TO PLACE ON-RECORD VALUATION OF PROPERTY 331 APPLICATION FOR REQUISITIONING RECORD FROM THE CUSTODY OF COURT OR ANY OTHER AUHTORITY 332 APPLICATION UNDER ORDER XXII RULE 2 CPC 333 APPLICATION FOR RECEIVING CERTIFIED COPIES OF PLEADINGS, DOCUMENTS AND ORDERS 338 AMENDMENT IN CAUSE TITLE 339 APPLICATION FOR LISTING REVIEW PETITION IN OPEN COURT 340 Application for permission to file Revised Affidavit of Undertaking 341 APPLICATION FOR LISTING CURATIVE PETITION IN OPEN COURT 342 APPLICATION FOR CONDONATION OF DELAY IN FILING THE APPLICATION FOR SETTING ASIDE THE ABATEMENT 343 DISMISSAL OF APPEAL 344 APPLICATION FOR SEEKING REDUCTION OF TIME GRANTED BY COURT 345 APPLICATION UNDER SECTION LV RULE 6 346 APPLICATION FOR ISSUING ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WARRANT 347 APPLICATION FOR PERMISSION 348 EXEMPTION FROM FILING DEATH CERTIFICATE / CERTIFIED COPY OF DEATH CERTIFICATE 349 APPLICATION FOR RETURN OF ORIGINAL DOCUMENT 350 APPLICATION FOR EXTENSION OF INTERIM PROTECTION 351 APPLICATION FOR MODIFICATION OF PARTY DETAILS / CHALLENGED JUDGEMENT DETAILS 352 APPLICATION FOR FILING THE PETITION WITHOUT DISCLOSING THE IDENTITY OF THE PETITIONER/RESPONDENT 353 APPLICATION FOR EXEMPTION FROM FILING ORIGINAL VAKALATNAMA/OTHER DOCUMENT 354 EXEMPTION FROM FILING LIST OF DATES / SYNOPSIS 355 APPLICATION FOR EXEMPTION FROM FILING THE RESIDENTIAL ADDRESS OF RESPONDENT/CONTEMNOR WITH AFFIDAVIT 356 APPLICATION FOR ADJOURNMENT 357 APPLICATION FOR TAGGING/DETAGGING 358 APPLICATION FOR VACATION OF INTERIM ORDER 359 APPLICATION FOR WAIVER OF ADDITIONAL COSTS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 360 APPLICATION FOR SEEKING RELAXATION FOR CONDITIONS OF BAIL 361 Permission to make oral submissions 362 APPLICATION FOR EXEMPTION FROM FILING MEMO OF PETITION 363 APPLICATION FOR PAYROLL 364 APPLICATION FOR RECTIFICATION 365 APPLICATION FOR WIDENING THE SCOPE OF SLP/APPEAL 366 APPLICATION FOR PERIMSSION TO MEDIATION 367 APPLICATION FOR EXEMPTION FROM FILING TYPED DOCUMENTS 368 APPLICATION FOR PUBLISHING THE SUMMONS 369 SUO MOTU ENHANCEMENT NOTICE AS A SEPARATE CAUSE 370 APPLICATION FOR DISPOSAL OF SLP BY THE RESPONDENT 371 APPLICATION FOR REVIVAL 372 APPL. UNDER ORDER 13 RULE 2 SCR 2013 FOR ISSUE OF PAPERBOOK 373 CONDONATION OF DELAY IN FILING APPEAL AGAINST REGISTRAR ORDER 374 APPLICATION FOR SETTING ASIDE THE ORDER 375 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... APPLICATION FOR EXEMPTION FROM PAYMENT OF COSTS 376 ISSUE OF CERTIFICATE OF EXCESS COURT FEES PAID UNDER ORDER -V, RULE 1(7) OF SCR 2013 377 APPLICATION FOR SETTLEMENT 378 APPLICATION UNDER ART, 142 READ WITH ORDER LV RULE 1 OF SCR 2013 TO PLACE ON RECORD ADDITIONAL PLEAD 379 APPLICATION U/S 7-A [9(2) old] OF JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2015 380 APPEAL UNDER ORDER V RULE 3 OF SCR 2013 381 APPLICATION FOR ABATEMENT 382 APPLICATION FOR CONDONATION OF DELAY IN FILING APPLICATION FOR SUBSITUTED SERVICE 383 APPEAL AGAINST LD. REGISTRARS ORDER VIII RULE 6(5) 384 APPLICATION FOR WITHDRAWAL OF COUNTER AFFIDAVIT 385 APPLICATION FOR DISCHARGE OF NON-BAILABLE WARRANT WITH AFFIDAVIT 386 APPLICATION FOR TAKING ON RECORD 387 APPLICATION FOR CONDONATION OF DELAY IN APPOINTING REGISTERED CLERK 38 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8 APPLICATION FOR REJECTION OF THE PLAINT 389 DISCHARGE OF SERVICE 390 APPLICATION FOR CONDONATION OF DELAY IN FILING EXTENSION OF TIME 391 COMPLIANCE OF COURTS ORDER 392 APPOINTMENT OF ARBITRATOR U/S 11(6) OF THE ARBITRATION AND CONCILIATION ACT,1966 393 APPLICATION FILED UNDER SECTION 17B OF INDUSTRIAL DISPUTES ACT,1947 394 CONDONATION OF DELAY IN FILING PROOF OF SURRENDER 395 APPLICATION FOR EXEMPTION FROM FILING ORIGINAL CUSTODY CERTIFICATE Reduction in number of IA is very much desirable and instead of interim orders attempt should be final disposal. In ground reality we find practice of exploring IA for prolonging litigation. - - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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