Interlocutory Application: legal questions
I filed an Execution Petition for my client in execution of a Money Decree passed by a District Civil Court in Maharashtra. The matter has been adjourned by the Court till 30th June,2017. My Queries :- 1. Can I file an Interlocutory Application before the 30th June, 2017 ? Will the Court allow such application? The matter was last heard by the Court on Jan,20th, 2017. 2. Can an Interlocutory Application be filed for issuance of 'precept' under Section 46 of the C.P.C. to protect the interest of Decree-Holder ? 3. How many days does the court normally take to dispose-off an Interlocutory Application ? 4. For example, if I file I.A. in 1st Week of April,2017 then when can I expect orders in my I.A. ? 5. Is there any special/separate format for filing Interlocutory Application or it can be drafted as a regular petition ? Can I get draft of I.A. on-line ? 6. What is the amount of court-fees to be paid for filing an Interlocutory Application seeking orders against an Immovable Property ? (My client has already paid Rs. 9,000/- towards Court-fees while instituting the Suit.) 7. Is Interlocutory Application filed along with supporting affidavit ? Is it a mandatory requirement ? 8. How many copies of the Interlocutory Application has to be submitted in the court along with the original application ? 9. Who will send a copy of the Interlocutory Application to the Opposite Party ? Is it sent by the Court or I will have to sent it myself ?
An Interlocutory application can be filed before 30th, June 2017 under the Chapter V of the Civil Procedure Code, 1908 as according to the Rule 53 to 59 of it. Now According to the Rule 53, it should be filed under Form No. 13. as it is application would be different from plaint. Therefore, the court should dispose the application in 30 days. Rule 59 tells us to supply every interlocutory application shall be supported by an affidavit and true copies(two or more) of the application. Those copies shall be supplied to the opposite party or his advocate by the court. Section 141 of cpc says that procedure provided for in the Code in regard to suit, shall be followed in all the proceedings in any Civil Court as far as possible and under section 4 of cpc the application for precept can be filed and the court fees would be according to the court fees act of respective state.
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