Siv (engineer) 13 June 2014
Hi All,
If Magistrate court passes order then who can say the order is Final or Interlocutory Order ....
1. Can we ask the magistrate about it.
2. Can we ask the superintendent of the court about the nature of the order.
3. Who is the most appropriate person to give the nature of the order .....
adv. rajeev ( rajoo ) (practicing advocate) 13 June 2014
It depends upon the application. IAs will be filed to get interium order, which will become final if the suit is decreed.
Eg., for you.
IA is filed u/o 39 r 1 & 2 of CPC for temporary injunction and on such IA if court passes an order it will be interrium order and it will till the disposal of the suit or it may for limited period. It will be absolute if suit is decreed.
In case of suit for maintenance if any application is filed for interrium maintenance and on such application order is passed it will be known as iterrium order.
Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 13 June 2014
Siv (engineer) 16 June 2014
Dear sirs,
Thank you for your support by spending your time.
Here I bring some facts about the Order passed by the Hon'ble Court as below:
1. The court passed oder stating that peitioner is seeking paeritcular thing.... whereas the petitioner is not asked such prayer.... hecne what could the best way to inform the court politely that prayers is different hecne the Orders is not useful the Petitioner .... Shall I file Review Petition in the Magistrate Court seeking to pass appropriate order....because the Order do not say wherther my actual prayer is dismissed or not ....
2. By reading order it is not clear that it is Interlocutory or Final Order in terms of the prayer made.
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