How to Draft an Interlocutory Application (IA)

A practical guide to drafting effective interlocutory applications in court.

What is an Interlocutory Application (IA)?

An Interlocutory Application (IA) is an application filed during the pendency of a suit, appeal, or petition seeking interim or temporary relief from the court.

It does not determine the final rights of the parties. Instead, it addresses urgent, procedural, or ancillary matters that arise while the main case is still pending.

Common examples include:

• Application for temporary injunction
• Application for amendment of pleadings
• Application for impleadment of parties
• Application for stay of proceedings
• Application for condonation of delay

The fundamental principle is that the IA supports or protects the main proceeding.

Legal Basis of an Interlocutory Application

Interlocutory Applications in civil proceedings are generally filed under the Code of Civil Procedure, 1908. Frequently invoked provisions include:

• Order XXXIX Rule 1 & 2 – Temporary Injunction
• Order VI Rule 17 – Amendment of Pleadings
• Order I Rule 10 – Impleadment
• Section 151 – Inherent Powers of the Court

In criminal matters, interlocutory applications may be filed under relevant provisions of the Code of Criminal Procedure, 1973.

It is mandatory to clearly mention the statutory provision under which the IA is filed.

When Should You File an IA?

An IA should be filed when:

• Immediate court intervention is required
• A procedural defect needs correction
• Interim protection of rights is necessary
• There is a delay requiring condonation
• Additional documents or parties must be brought on record

The main case must be pending at the time of filing the IA.

Essential Components of an Interlocutory Application

Every properly drafted IA must contain the following:

1. Cause Title

The cause title must be identical to the main case and should include:

• Name of the Court
• Case number
• Names of parties

2. Provision Invoked

Clearly state the provision. For example:

“Application under Order XXXIX Rule 1 & 2 read with Section 151 CPC”

3. Title of Application

The title must specify the relief sought, such as:

• Application Seeking Temporary Injunction
• Application for Amendment of Plaint
• Application for Condonation of Delay

4. Introductory Paragraph

The body generally begins with:

“Most Respectfully Showeth:”

This paragraph briefly states that the main matter is pending and the necessity of filing the present application.

5. Statement of Relevant Facts

Facts should be concise and directly related to the relief sought. Avoid reproducing the entire plaint or petition.

6. Grounds

This is the most important part. The applicant must establish:

• Legal basis
• Urgency
• Balance of convenience
• Irreparable injury (especially in injunction matters)

Each ground should be drafted in separate numbered paragraphs.

7. Prayer Clause

The prayer must clearly and specifically state the relief sought.

8. Affidavit

Every IA must be supported by a properly verified affidavit.

Basic Draft Structure of an Interlocutory Application

IN THE COURT OF __________

Civil Suit No. ___ of 2026

A.B. … Plaintiff
Versus
C.D. … Defendant

INTERLOCUTORY APPLICATION UNDER ORDER XXXIX RULE 1 & 2
READ WITH SECTION 151 CPC

MOST RESPECTFULLY SHOWETH:

1. That the above-mentioned suit is pending before this Hon’ble Court.
2. That during the pendency of the suit, the Defendant is attempting to ________.
3. That if immediate interim relief is not granted, irreparable loss and injury shall be caused to the Applicant.
4. That the balance of convenience lies in favour of the Applicant.

PRAYER

In view of the facts and circumstances stated above, it is most respectfully prayed that this Hon’ble Court may kindly:

a) Grant temporary injunction restraining the Defendant from ________;
b) Pass any other order deemed fit and proper in the interest of justice.

AND FOR THIS ACT OF KINDNESS, THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY.

Place:
Date:
Counsel for Applicant

Also Read: The Art of Drafting High-Stakes Commercial Contracts

Important Drafting Principles

Be Precise

An IA must be focused on the interim relief. Avoid unnecessary narration.

Establish Urgency

The court must be convinced that immediate intervention is necessary.

Connect Facts to Law

Every factual assertion must support a legal ground.

Draft a Clear Prayer

The relief must be specific and capable of execution.

Common Mistakes Students Make

• Copying the entire plaint into the IA
• Failing to mention the correct provision
• Drafting vague or ambiguous prayers
• Not establishing urgency
• Omitting affidavit or verification

Practical Drafting Tips for Interns

• Read the main pleadings before drafting the IA.
• Understand the exact interim relief required.
• Use short, numbered paragraphs.
• Maintain formal and respectful language.
• Ensure annexures are properly marked and referenced.

A well-drafted Interlocutory Application reflects procedural clarity, litigation awareness, and drafting discipline — essential skills for every aspiring litigator.