Interlocutory application (commonly abbreviated as "IA") is an application made to a court in a case that is already pending, asking for an interim or procedural order that does not finally decide the dispute. Examples are a temporary injunction, permission to amend a pleading, or the addition of a party. Courts number each one as "I.A. No. __ of the year" within the main case.
Legal basis
The Code of Civil Procedure, 1908 (CPC) speaks of "interlocutory orders" in Section 94, and the court's power to grant them comes from several provisions.
Section 94 — Supplemental proceedings: In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed — (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance; (b) direct the defendant to furnish security to produce any property belonging to him, or order the attachment of any property; (c) grant a temporary injunction and, in case of disobedience, commit the person guilty to the civil prison and order that his property be attached and sold; (d) appoint a receiver of any property and enforce the performance of his duties; (e) make such other interlocutory orders as may appear to the Court to be just and convenient.
Section 151 — Saving of inherent powers of Court: Nothing in this Code shall be deemed to limit or otherwise affect the inherent power of the Court to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court.
How courts have interpreted the term
Dalpat Kumar v. Prahlad Singh (Supreme Court, 16 December 1991, 1991 INSC 341). On an application for a temporary injunction under Order 39 Rule 1, the Court said the plaintiff must show a prima facie case, that refusing the injunction would cause irreparable injury that cannot be adequately compensated by damages, and that the balance of convenience favours granting it.
My Palace Mutually Aided Co-Operative Society v. B. Mahesh (Supreme Court, 23 August 2022, 2022 INSC 854). The Court set aside a High Court order, passed on an IA under Section 151, that had recalled a final decree. It held that Section 151 can apply only where no alternate remedy is available under the CPC, and cannot be invoked "as an alternative to filing fresh suits, appeals, revisions, or reviews".
Amar Nath v. State of Haryana (Supreme Court, 29 July 1977, 1977 INSC 155). Construing the bar on revision against "interlocutory orders" in the old Code of Criminal Procedure, the Court held that the term is used in a restricted sense: orders that decide or touch important rights of the parties are not interlocutory for that purpose. The same bar now appears in Section 438(2) BNSS.
Types of interlocutory applications
- Temporary injunction (Order 39 Rule 1 CPC): to restrain wasting, damage, alienation or dispossession of disputed property until the suit is decided.
- Receiver (Section 94(d) CPC): to appoint a person to manage disputed property.
- Attachment or security before judgment (Section 94(a)-(b) CPC).
- Amendment of pleadings (Order 6 Rule 17 CPC): allowed at any stage, but after trial has commenced only if, despite due diligence, the matter could not have been raised earlier.
- Stay of execution pending appeal (Order 41 Rule 5 CPC).
Why this matters
A suit can run for years while the disputed property, evidence or rights are at risk now. Interlocutory applications are how parties protect their position in the meantime. In property disputes, whether a temporary injunction is granted at this stage often decides who holds possession while the case is pending.
For a fuller explanation with worked examples, including the Supreme Court's 12 October 2026 ruling on late amendments, read What Is an Interlocutory Application? Meaning, Types, Examples.
Related terms
Broader concepts:
Specific types of interlocutory relief:
Frequently asked questions
Is an interlocutory order appealable?
Only some are. Order 43 Rule 1 CPC lists the orders that can be appealed under Section 104, including orders on temporary injunctions (Order 39 Rules 1, 2, 2A, 4 and 10) and on appointing a receiver (Order 40 Rules 1 and 4). Other interim orders may be revised by the High Court under Section 115 CPC only if the order, had it gone the applicant's way, would have finally disposed of the suit. In criminal cases revision against an interlocutory order is barred by Section 438(2) BNSS.
What is the difference between an interlocutory order and a final order?
An interlocutory order deals with an interim or procedural matter while the case is pending; a final order or decree decides the dispute. The label is not always decisive. Reading the same wording in the old CrPC, the Supreme Court held in Amar Nath v. State of Haryana (1977) that "interlocutory order" is used in a restricted sense, and an order that decides important rights of a party is not interlocutory for the purpose of the revision bar.
Can an interlocutory application be filed at any stage of the suit?
Generally yes while the case is pending, but each type has its own conditions. For example, once trial has commenced an application to amend a pleading must satisfy the due-diligence proviso to Order 6 Rule 17 CPC.
This entry is part of the Veritect Indian Legal Glossary, a reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-10-15. Veritect provides this content for informational purposes and does not constitute legal advice.