Question

In Legal proceedings, an interlocutory order is one which is passed

• A. during the pendency of a court case
• B. only in a civil case
• C. only in a criminal case
• D. only by a subordinate court

Hint:

An interlocutory order is temporary and provisional, designed to keep things as they are (status quo) until the court can make a final decree.
It can be issued in both civil and criminal cases.

Answer 1

The Correct Option is A

Step 1: Understanding the Question:
The question asks for the definition and scope of an "interlocutory order" in legal proceedings.
We need to determine when such an order is passed and whether it is limited to specific types of courts or cases.


Step 2: Key Principle / Approach:
An interlocutory order is a temporary or intermediate order passed by a court during the course of litigation before the final determination of the rights of the parties.


Step 3: Detailed Explanation:

• Litigation is often a lengthy process, and courts need to make various procedural or protective orders while the main suit is pending.

• An interlocutory order does not finally decide the core issues or terminate the case; rather, it aims to preserve the status quo, secure property, or manage trial procedures.

• Examples of interlocutory orders include temporary injunctions, appointment of receivers, orders for payment into court, or summoning witnesses.

• These orders can be passed in both civil and criminal proceedings, making options (B) and (C) incorrect.

• They can be passed by trial courts, appellate courts, and superior courts alike, making option (D) incorrect.

• Because they are passed while the main matter is still active and awaiting final adjudication, they are defined as orders passed during the pendency of a court case.



Step 4: Final Answer:
An interlocutory order is one passed during the pendency of a court case, corresponding to Option (A).