Legal Question in Civil Rights Law in India
Interlocatory Order & Final Order
Is there any Ruling stating that, Acceptance or Refusal of an Interlocatory Order makes it a FInal Order. If yes ? Please quote the Case no., etc to identify it.
3 Answers from Attorneys
Re: Interlocatory Order & Final Order
Sir,
Interlocatory orders are only for the purpose of time being till the pendence of suit. Any of the finding or any order passes thereon has no binding effect on the final order. And hence arise no question of acceptance
Re: Interlocatory Order & Final Order
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Re: Interlocatory Order & Final Order
Dear Client,
There is no such ruling. It is simply the question of receiving or refusing to receive the interlocutory order when it is served on the other side through process server of the court or through post. Such service arise if the interlocutory order is passed exparte without notice to the otherside. If the order is received then the party receiving it shoud appear before the court and contest the Interlocutory application wherein the interim order was passed. If he refused to receive the order and fails to appear in response to the notice of the I.A then the court would pass the final order in the I.A making the interim order absolute till the disposal of the suit in which the IA is filed.
If any ad-interim interlocutory order is passed in the presence of the other party after notice in the IA then there is no question of accepting or refusing the interim order. It is the question of contesting or not contesting the order. It is binding on the party concerned. Disobedience would have its legal consequences.
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