Interlocutory order

Question asked on: 19/11/2016

An interlocutory order has passed by the high court. I have filed a writ petition for the stay of my transfer in the last month of the year. The assignment was motivated by a local politician for harassment.

The high court accepted my writ petition but did not pass any order in respect of the stay of my transfer. The court called counter affidavit and rejoinder from the parties. In the absence of any order of the court, I am bound to join in the stipulated period.

Is there any remedy to challenge such interlocutory order? My advocate says that I should file a special appeal.

Advised by: Shivendra Pratap Singh,

Court has the power to ask counter affidavit and rejoinder from the parties. Such an order has been passed to collect all the material. The court can pass effective order if all the documents have come before the court. This is purely a procedural order, i.e. order to file such affidavit and rejoinder.

A special appeal shall lie against the order of the single judge. Such a petition is maintainable if order affects valuable rights of the parties. In your case, no right is affected by order of the court. Court has the discretion to pass a stay order and maintain the status quo before passing of any final order. But it is not regular order. No one can claim such mandate as a matter of right.

In Centre mine planning and design institute limited vs Union of India 2001 (2) SCC; the Supreme Court of India has held that a special appeal shall lie against the interlocutory order of the single judge if such order is the final determination affecting vital and valuable rights & obligations of the parties.

It is settled law that no special appeal shall lie against the interlocutory order which does not affect valuable rights of the parties. It is better for you to file rejoinder and let the respondent file counter affidavit. When all materials come before the court, then the court can pass final judgment. If you file a special appeal, it would not be maintainable.

Ask Your Question

Shivendra Pratap Singh

Advocate, Lucknow

Advice: 16931

Consultation: 3367

Disclosure of information under RTI

Can information under RTI ACT be taken regarding the degrees ,name of the university where one  had been reading ,Roll no. of the university,  photocopies of the Degrees , photocopies of Service Book &ACRs of Government employees, through their public information...

Unauthorised Leave

Sir, If any one working in State Bank Of India at a clerical post applies for UPSC or State civil services is it necessary to take prior permission of competent authority for appearing said examination , if not taken and applies for two days of casual  leave to appear...

Custody of child

Case filed by wife. Going on for past 8 months out of which she remained absent for the last 4 times repeatedly. She is staying with another man in another city. Our 3 year daughter is with her parents. During the last time even the judge fired her lawyer about her...

Execution of foreign judgment in India

Please tell Foreign judgement and its execution can be filed in India.   According to section 2(6) of CPC, “foreign judgment” means the judgment of a foreign Court. Foreign court is defined under section 2(5) as “foreign Court” means a Court situate outside India and...

Eviction of old age tenant

Me and my wife ( both 75+yrs old) have been renting this house for the last 25+ years. We, old age tenant, live in Chennai and have no other property. The original owner died and his sons are wanting possession of the house. Is there any compensation we can expect...

How much compensation would I get from MACT

I was a truck driver having licence of heavy vehicle from transport office. I met an accident in last year and my one leg and one hand are completely crushed. I was 28 years old at the date of accident. I had been in hospital for 15 months. I’m permanently disable to...

Terminated from the job because did not submit resignation letter

I worked for an MNC company as a Manager. Despite my good performances, my corrupt seniors 1st put me on the bench (no work) for an extended period as I refused to join their evil plans, denied me an assignment and then I was terminated as I refused to submit...

Online trading of alcoholic liquors in India

Sir, I want to build an online beer store with a simple business plan: Users will come to my website, choose the products they want to buy, opt for cash on delivery. As per the user’s delivery address the nearest beer store would get a notification of the order...

Land acquired by collector

I am resident of a district dominated by tribals in Maharashtra. My grand father purchased a land from tribal member on consideration in year 1963. We have been on possession of the land till year 1982 but collector of our district sent a notice for acquisition of...

Probate

What is the probate? Probate is a legal document. Receipt of probate is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the dead person’s property under a will. According to The Indian...

quick Advice

Get A Quick Advice

Book an appointment for 15 minutes and consult with an expert over the phone within minutes

Talk to Advocate Shivendra

Book a phone consultation for 30 minutes and get solid advice on the phone

Book it Now