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2004 Supreme(SC) 1688

SUPREME COURT OF INDIA
S.RAJENDRA BABU, CJI., P. VENKATARAMA REDDI, J.
Consumer Education Research society - Petitioner
Versus
Union of India & Ors. - Respondent
Special Leave Petition (Civil) 13658 of 1996
Decided on : 26-05-2004.

Interlocutory applications may be deferred for consideration until after the main petition has been heard by the court.

Headnote:(A) Procedural Law - Interlocutory Applications - Timing of disposal - It is not appropriate to pass orders on interlocutory applications until the main petition is heard - Prayers made in such applications are to be considered only after the main petition has been heard. (Paras 1 and 2)

Facts of the case:
A petition was filed before the court accompanied by multiple interlocutory applications seeking various reliefs.

Findings of Court:
The court found that the prayers in the interlocutory applications should be considered only after the hearing of the main petition.

Issues: Whether interlocutory applications should be decided prior to the final hearing of the main petition.

Ratio Decidendi: The court held that it is appropriate to defer orders on interlocutory applications until the main petition is heard, so that the prayers therein can be considered in the context of the main matter.

Result: Listed for final hearing at an early date along with the interlocutory applications.

Legal Category Hierarchy

  • practice and procedure
    • interlocutory applications (Para 1, 2)

Table of Contents

1. Interlocutory applications deferred to be heard with the main petition; list for early final hearing. (Para 1 , 2 )

ORDER :

I.As. Nos. 7 & 8, 12, 13-16, 17-22, 23-28, 29-34 & 36 & 37

1. It will not be appropriate to make any orders in these interlocutory applications at this stage unless the main petition is heard. It is only thereafter the prayers made in these interlocutory applications can be considered.

2. List for final hearing at an early date along with these interlocutory applications.

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