INTERLOCUTORY APPLICATIONS
In every application, you would be usually filing a supporting
affidavit per Order 19 Rule 2 (“upon any application evidence may
be given by affidavit”)
Note that the affidavit need not be the only way of proving the
case. Other documents and the evidence already on record, the
pleadings of the parties, etc., can all be looked into. (Order 39 Rule
1 “proved by affidavit or otherwise”)
Examples of other applications (apart from IA for temporary
injunctions):
Application under Order 1 Rule 10(2) to add or strike out a
party. (Statements would include why that party needs to be
added; why he was not added initially; that he is a just and
necessary party to the suit)
Application to amend pleadings under Order 6 Rule 17
(statements that the amendment is necessary for determining
the real questions in controversy; that due diligence has been
exercised, etc.)
Applications under Order 9 to set aside dismissal of suit for
non-appearance (statements explaining the default and
showing sufficient cause for non-appearance or for not taking
steps)
Application for discovery of documents under Order XI Rule
12 (no need of affidavit- why discovery necessary at that
stage. Note that there are separate forms for other acts of
discovery in Appendix C Form Nos. 1 to 7)
Application to amend or strike out issues under Order 14
Rule 5 (how these issues arise and are necessary for the
determination of the suit)
Application for summoning of a witness under Order 16
Rule 14 (why the witness is necessary)
Application for adjournment under Order 17 Rule 1
(explaining why adjournment necessary).
Application under section 151 for miscellaneous reliefs.
Application for security for costs under Order 25 Rule 1
(need to satisfy court that Plaintiff residing out of India and
does not have sufficient immovable property)
Application for appointment of a court commissioner under
section 75 (the need for a commissioner, whether applicant
ready to bear the expenses of the commissioner)
Application for arrest before judgment under Order 38 Rule
1 (requirements of the rule to be satisfied).
