Interlocutory Order - Definition - Law Dictionary Home Dictionary Definition interlocutory-order

Definition :

Interlocutory order, it has to be construed in con-tradiction to or in contrast with final order. It means not a final order, but an intermediate order. It is made between the commencement of an action and the entry of the judgment, V.C. Shukla v. C.B.I., AIR 1980 SC 962 (976). (Order XXXIX, Rule 6, CPC, 1908)

The term 'interlocutory order' in S. 397(2) of the 1973 Code (Cr. P.C.) has been used in a restricted sense and not in any broad or artistic sense. It 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. Any order which substantially affects the right of the accused, or decides certain rights of the parties cannot be said to be an interlocutory order so as to bar a revision to the High Court against that order, because that would be against the very object which formed the basis for insertion of this particular provision in S. 397 of the 1973 Code, Amar Nath v. State of Haryana, AIR 1977 SC 2185 (2189): (1977) 4 SCC 137: (1978) 1 SCR 222. [Criminal PC, 1974, s. 397(1)]

An interlocutory order, though not conclusive of the main dispute, may be conclusive as to the sub-ordinate matter with which it deals, Madhu Limaye v. State of Maharashtra, AIR 1978 SC 47 (53): (1978) 1 SCR 749: (1977) 4 SCC 551.

The expression 'interlocutory order' denotes an order of purely interim or temporary nature, Usmanbha Dawoodbhai Memon v. State of Gujarat, AIR 1988 SC 922: (1988) 2 SCC 271.

The order of discharge passed by the Chief Judical Magistrate does not fall within the definition of the term 'interlocutory order', Haryana Land Reclamation and Development Corporation Ltd. v. State of Haryana, (1990) 3 SCC 588 (589).

Means 'not final or definitive: made or done during the progress of an action' (Webster's Third New International Dictionary), See also State v. N.M.T. Joy Immaculate, (2004) 5 SCC, p. 729.

Means 'pronounced and arising during legal procedure not final (New Lexicon Webster's Dictionary), see also State v. N.M.T. Joy Immaculate, (2004) 5 SCC, p. 729.

Means 'provisional: interim: temporary: not final. Something intervening between the commence-ment and the end of a suit which decides some point or matter, but is not a final decision of the whole controversy' (Black's Law Dictionary), see also State v. N.M.T. Joy Immaculate, (2004) 5 SCC.

Means a judgment or order may be final for one purpose and interlocutory for another, or final as to part and interlocutory as to part. It is impossible to lay down principles about what is final and what is interlocutory. It is better to look at the nature of the application and not at the nature of the order eventually made. In general, orders in the nature of summary judgment where there has been no trial of the issues are interlocutory, Halsbury's Law of England, 4th Edn., Vol. 26, p. 504