Writs & Supreme Court

Interlocutory Application for Interim Relief in Pending Matter

An interlocutory application is a miscellaneous petition filed in a case that is already pending before a court. It allows a party to seek urgent or procedural interim relief without filing a fresh, independent proceeding.

This application is the standard instrument for requesting a stay, temporary injunction, impleadment of a party, exemption from filing documents, early hearing, or a direction for compliance. It is filed as an I.A. in the main case record.

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Governing law
CPC s.151 (inherent powers); Order XXXIX Rules 1 & 2 (temporary injunction / stay); Order I Rule 10 (impleadment); SCR 2013 Order XI Rule 1 (miscellaneous applications in the Supreme Court)
Sections
s. 151
Filed before
Supreme Court of India / High Court (any seat) / Trial Court / Sessions Court

When this is the right filing

  • When you need a temporary stay or injunction in a matter that is already sub-judice.
  • When a necessary or proper party must be added to an ongoing case through impleadment.
  • When seeking procedural relief such as an exemption from filing certified copies or a direction to the opposing party to file a reply.
  • When requesting an early hearing date or a compliance direction from the court in a pending matter.
  • Do not use this application for a first-time regular bail plea in a sessions court or for initiating a standalone civil suit.

What the court looks for

  • A clear statement that the main case is already pending, including its case number and year.
  • Specific and cogent grounds explaining the urgency or necessity for the interim relief sought.
  • A precise prayer clause that leaves no ambiguity about the exact direction or order being requested from the court.
  • A supporting affidavit and verification that attest to the truth of the facts stated in the application.

The structure the court expects

The components of the filed format, in the order they appear. LexPilot fills every one of them from your facts and papers.

  1. 1Cause title
  2. 2Application
  3. 3Grounds
  4. 4Prayer
  5. 5Affidavit
  6. 6Verification
How it opens
2. That the Applicant is a party to / directly aggrieved by the proceedings in the above-mentioned case and has a bona fide interest in the relief sought herein.

Bracketed items are filled from your case.

Frequently asked questions

Under what provision is a generic interlocutory application filed?

The application is typically filed under Section 151 of the Code of Civil Procedure, 1908, which preserves the inherent powers of the court to make orders necessary for the ends of justice. For specific reliefs like a stay, it may also invoke Order XXXIX Rules 1 and 2, and for impleadment, Order I Rule 10 of the CPC.

Can this application be filed in any Indian court?

Yes, this format is used across the Supreme Court of India, High Courts, and district or trial courts. In the Supreme Court, it is governed by Order XI Rule 1 of the Supreme Court Rules, 2013, but the core structure remains the same for all jurisdictions.

Is a separate affidavit required with this application?

Yes, the application itself contains an affidavit section. The person swearing the affidavit must verify the facts stated in the grounds of the application, confirming that they are true and correct to their knowledge and belief.

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