Interlocutory order

Interlocutory order

Rule 6 to 10 of Order 39 mention certain interlocutory orders that can be made by the court. The term 'interlocutory order' is not defined in the Code. It means an order passed by a court during pendency of a suit or in course of execution proceedings which do not determine the substantive rights of the parties in respect of subject-matter of the suit but relates to the protection of the subject-matter of the suit or for ensuring determination of merits of the case. For eg.:

(i) Ordering sale of perishable property in certain cases [Rule 6]

(ii) Order for detention, preservation or inspection of any property forming subject-matter of suit [Rule 7].

(iii) Order authorizing any person to enter into any land or buildings and take samples or try experiments [Rule 8].

(iv) Order to deposit the money held by a person as a trustee, in court [Rule 10], etc.

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Theories of Punishment

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Musahar Sahu and Another v. Lala Hakim Lal and Another, 43 I.A. 151 (P.C. 1915). Section 53 - Fradulent transfer

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