An interlocutory application, called an IA, is a request made to a court in a case that is already running, asking for an interim or procedural order: a temporary injunction, permission to change a pleading, or the addition of a party, for example. It does not decide who wins the main case. In civil courts in India the power comes from Section 94 and Section 151 of the Code of Civil Procedure, 1908 (CPC), plus specific Orders, and each application is numbered "I.A. No. __ of the year" inside the main case.
Why this matters
Most real action in a court case happens between filing and judgment. A suit can run for years, but a neighbour can sell the disputed land next month. That gap is where interlocutory applications live. If you are a party to a case, you will almost certainly see "I.A. No." on a cause list or an order. If you are reading a court order, "IA order" tells you what stage the court is deciding. Understanding the term helps you know what has actually been decided, and what has not.
Meaning of interlocutory application, in plain words
"Interlocutory" means something done while the case is pending, rather than at the end. The CPC speaks of "interlocutory orders" in Section 94(e). "IA" is the label courts use for the application that asks for one.
Three features define an IA:
- It sits inside a pending case. It is not a new case. It carries the main case's title and number.
- It asks for something interim or procedural. The relief lasts until the case is decided or the court orders otherwise.
- It gets its own number. The same case can have many IAs, each filed for a different purpose and each decided by a separate order.
What a real case looks like
In My Palace Mutually Aided Co-Operative Society v. B. Mahesh (Supreme Court, 23 August 2022), the Supreme Court recorded that six IAs were filed in a single High Court matter in 2020. They asked, in turn, for leave to file an impleadment petition, to dispense with a typed copy of papers, to allow impleadment (twice), to recall an earlier order, and to restrain the other side from alienating the property or changing possession. One case, six numbered IAs, each doing a different job.
What an "IA order" is
An IA order is simply the court's decision on an IA. When you see "order passed in I.A. No. 5/2020", it means the court was ruling on that application, not on the main case. Some IA orders matter hugely in practice. In property disputes, whether a temporary injunction is granted or refused often decides who stays in possession for years.
Where the court's power comes from
Section 94 CPC (supplemental proceedings). To stop the ends of justice being defeated, the court may, if the rules prescribe it:
- issue a warrant to arrest the defendant and call on them to give security for appearance;
- direct the defendant to furnish security to produce property, or order attachment of property;
- grant a temporary injunction and, if it is disobeyed, order the person to the civil prison and attach and sell their property;
- appoint a receiver of property; and
- "make such other interlocutory orders as may appear to the Court to be just and convenient" (Section 94(e)).
Section 151 CPC (inherent power). Nothing in the Code limits the court's inherent power "to make such orders as may be necessary for the ends of justice or to prevent abuse of the process of the Court." Section 151 is a safety net, not a shortcut, and the Supreme Court has said so firmly (see below).
Common types of interlocutory applications
| What you want | Provision | What the court looks at |
|---|---|---|
| Stop the other side from selling, damaging or taking over disputed property until the case ends | Order 39 Rule 1 CPC (temporary injunction) | Property in danger of being wasted, damaged or alienated, or a threat to dispossess you, proved "by affidavit or otherwise" |
| Appoint a neutral person to manage disputed property | Section 94(d) CPC (receiver) | Whether it is needed to protect the property |
| Make the other side secure or attach their property before judgment | Section 94(a)-(b) CPC | Whether the ends of justice would otherwise be defeated |
| Correct or add to your plaint or written statement | Order 6 Rule 17 CPC (amendment) | Whether it is needed to decide the real questions in dispute; stricter once trial has begun |
| Add or remove a party | Order 1 Rule 10(2) CPC (parties) | Whether the person ought to have been joined, or their presence is necessary to settle all questions in the suit |
| Pause enforcement of a decree while you appeal | Order 41 Rule 5 CPC (stay by appellate court) | Substantial loss, no unreasonable delay, and security given |
| Seek relief for a procedural gap | Section 151 CPC | Only where no other provision gives a remedy |
Example 1: temporary injunction
You sue to stop a neighbour from selling a house you say is yours. While the suit is pending, you file an IA under Order 39 Rule 1, with an affidavit, asking the court to stop any sale until the case is decided. The Supreme Court's decision in Dalpat Kumar v. Prahlad Singh (16 December 1991) sets out what you must show. The court said it must be satisfied of (1) a prima facie case, (2) that refusing the injunction would cause irreparable injury, meaning injury that cannot be adequately compensated by damages, and (3) that the balance of convenience favours granting it. The Court added that these are "not rhetoric phrases for incantation" but call for sound judicial discretion on the facts.
Example 2: amending your pleading late in the case
The proviso to Order 6 Rule 17 says no amendment application can be allowed after trial has commenced unless the court concludes that, despite due diligence, the party could not have raised the matter earlier. On 12 October 2026 the Supreme Court decided Haramani Sahoo v. Lalita Nayak (Civil Appeal No. 13681 of 2026), a reportable judgment. The plaintiff's legal heirs wanted to add a challenge to a compromise decree they said they had learned of only after searching records, and the trial court and High Court had refused. The Supreme Court held that the due-diligence requirement was met on those facts, that the amendment did not change the nature of the suit, and that questions of limitation and the merits of the new claim stayed open for the trial court. It allowed the amendment on payment of ₹25,000 costs to the contesting respondents and let them file additional written statements. The judgment also recites the Supreme Court's established tests for amendments, including that the amendment must be necessary to decide the real controversy and should not cause prejudice that costs cannot cure.
Example 3: when Section 151 does not help
In My Palace the High Court had used Section 151 to recall a final decree on an IA filed by outsiders. The Supreme Court set that order aside. It held that Section 151 can apply only where no alternate remedy is available under the CPC, and that it cannot be invoked "as an alternative to filing fresh suits, appeals, revisions, or reviews." Here the outsiders had a route to challenge the decree by appeal with leave of the court. The Court was clear that it was not doubting that fraud nullifies proceedings, or that a court can recall an order obtained by fraud on the court, but the inherent power had to respect the alternate remedies the Code provides.
How an IA works, step by step
- Pick the right provision. Decide what you actually need (an injunction, an amendment, a party added) and cite the specific Order or section. A vague plea for "interim relief" invites questions about the power being invoked.
- Draft the application in the pending case. It carries the main case's title and number and states the relief, the facts and the reasons. Where the rule requires proof, as in Order 39 Rule 1, support it with an affidavit.
- File it and get an I.A. number. Court fees, copies and formats vary by court, so check the rules of the court where your case is pending.
- The other side is heard. Courts commonly ask for a reply and hear both sides. The Supreme Court has also made clear that a party seeking an injunction carries the burden of showing the case by evidence, "by affidavit or otherwise".
- The court passes an order on the IA. That order may be granted, refused or granted on terms, such as costs or security.
Can you appeal against an IA order?
Only in some cases. The answer depends on what kind of order it is.
Civil cases.
- Appeal. Order 43 Rule 1 CPC lists the orders that can be appealed under Section 104. The portion we verified includes orders on temporary injunctions (Order 39 Rules 1, 2, 2A, 4 and 10) and orders on appointing a receiver (Order 40 Rules 1 and 4).
- Revision. Section 115 CPC lets the High Court call for the record of a case in which no appeal lies, but with a proviso: it cannot vary or reverse an order made in the course of a suit "except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings." Some States have their own versions of Section 115, so check the rule in your State.
- Other interim orders. If an interim order is neither appealable nor revisable, the options narrow, and a lawyer should advise. In Haramani Sahoo, for instance, the plaintiffs challenged the refusal of an amendment by a civil miscellaneous petition in the High Court before going to the Supreme Court.
Criminal cases. Section 438(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) bars revision "in relation to any interlocutory order passed in any appeal, inquiry, trial or other proceeding". In Amar Nath v. State of Haryana (29 July 1977), the Supreme Court read the same wording in the old CrPC narrowly. It said the term "interlocutory order" there is used in a restricted sense and covers orders of a purely interim or procedural nature, not orders that decide or touch important rights of the parties. In that case, an order summoning the accused without proper application of mind was held not to be interlocutory, so revision was open.
Common myths
Myth: An IA is a separate case. Reality: It is an application inside a pending case and carries that case's number.
Myth: An IA order decides who is right. Reality: It decides an interim or procedural question. Courts often say expressly that their observations are only prima facie, as the Supreme Court did in Dalpat Kumar.
Myth: Section 151 lets a court do anything for justice. Reality: It is a safety net for gaps, and cannot be used where the Code already provides a remedy (My Palace).
Myth: You can always appeal an interim order. Reality: Only listed orders are appealable, and revision is narrow. In criminal cases, revision against interlocutory orders is barred by statute.
Read next
- Section 151 CPC Explained: When Can a Court Use Inherent Powers?, on the safety-net provision often added to an IA, and where the Supreme Court refuses it.
- Amendment of Pleadings (Order 6 Rule 17): Supreme Court in 2026, on the IA that litigants file most often after trial begins.
The law behind this
| Topic | Provision |
|---|---|
| Supplemental proceedings, including "other interlocutory orders" | Section 94 CPC |
| Inherent powers of the court | Section 151 CPC |
| Temporary injunction | Order 39 Rule 1 CPC |
| Amendment of pleadings | Order 6 Rule 17 CPC |
| Striking out or adding parties | Order 1 Rule 10(2) CPC |
| Stay of execution pending appeal | Order 41 Rule 5 CPC |
| Appeals from listed orders | Section 104 and Order 43 Rule 1 CPC |
| Revision by the High Court | Section 115 CPC |
| Bar on revision against interlocutory orders (criminal) | Section 438(2) BNSS (earlier Section 397(2) CrPC) |
Frequently asked questions
What is an interlocutory application? An interlocutory application (IA) is a request made to a court in a case that is already pending, asking for an interim or procedural order such as a temporary injunction, permission to amend a pleading, or adding a party. It does not decide the main dispute. Courts number it as "I.A. No. __ of the year" within the main case.
What does "IA order" mean? An IA order is the order the court passes on an interlocutory application. For example, an order allowing or refusing an application for a temporary injunction is an IA order. Whether you can appeal against it depends on its type; see Order 43 Rule 1 and Section 115 of the CPC.
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 continues. A final order or decree decides the dispute. The line is not always where it first looks: in criminal procedure the Supreme Court has held that an order which decides important rights of a party is not "interlocutory" for the revision bar, even if the case goes on (Amar Nath v. State of Haryana, 1977).
Which sections of the CPC deal with interlocutory applications? Section 94 CPC lets a court grant supplemental relief such as temporary injunctions, receivers and attachment, and "such other interlocutory orders as may appear to the Court to be just and convenient". Section 151 preserves the court's inherent power. Specific Orders supply the detail, such as Order 39 Rule 1 (temporary injunction) and Order 6 Rule 17 (amendment of pleadings).
Can an interlocutory application be filed at any stage? Generally yes, while the case is pending, but each type has its own conditions. For example, after trial has begun an amendment application must meet the due-diligence proviso to Order 6 Rule 17 CPC, as the Supreme Court applied on 12 October 2026 in Haramani Sahoo v. Lalita Nayak.
Can I appeal against an order on an interlocutory application? Only some. Order 43 Rule 1 CPC allows an appeal against listed orders, including orders on temporary injunctions and on appointing a receiver. Other interim orders can be revised under Section 115 CPC only in the narrow case described in its proviso. In criminal cases, revision against an interlocutory order is barred by Section 438(2) of the BNSS.
This guide is general legal information for readers in India, not legal advice for your situation. Procedure, court fees and formats differ by court and State; confirm the position with a lawyer or the court's registry before you act.