This blog is for those who want to understand how to draft interlocutory applications in the Supreme Court. So, if you are a law student, an aspirant who is preparing for the Advocate on Record examination or a young lawyer who is intending to start or has already started practicing in the Supreme Court, then this blog is a must-read for you.
Table of Contents
Introduction
It was a Friday afternoon when Anjali, a young associate barely two years into practice, walked into her senior’s chamber with a file in hand.
“Sir, the department says the order does not specifically direct them to release the arrears. They are treating it as discretionary.”
The writ petition had been disposed of by the Hon’ble Supreme Court with an order directing the authorities to take action “in accordance with law” within a specified period. For the petitioner, a retired government employee seeking long-withheld pension benefits, this was a significant development. But the respondent department’s interpretation created uncertainty.
Her senior looked up, calm and measured:
“We will file an interlocutory application for clarification. Let the Bench confirm what the order intended.”
Most of the times young lawyers think litigation is about dramatic arguments and final judgments. But only those who work behind the scenes know that survival in Supreme Court litigation depends on the timely filing of a well-drafted interlocutory application to bring legal heirs on record, seek condonation of delay, or request interim relief that protects the case from irreparable loss.
For those preparing for the Advocate on Record exam, let me tell you that it had quite a few questions related to it in both the Drafting and the Practice and Procedure papers. So, it is important for you to know about it. You can also refer to my earlier article on how to ace the Practice and Procedure Paper.
As it is not possible to cover all the different types of interlocutory applications in a single blog, I will discuss a few types of interlocutory applications in this series, with the others to follow in subsequent blogs.
So in this blog, I will teach you how to draft an interlocutory application for Directions, Clarifications, and Rectification.
First things first, I will start by explaining what interlocutory applications are.
What are interlocutory applications?
Applications that are filed during the pendency of a main proceeding, such as a Writ Petition (Civil or Criminal), Special Leave Petition (SLP), Civil or Criminal Appeal, to seek specific interim or incidental reliefs such as directions, adding new parties, early hearing, rectification etc., are called interlocutory applications.
These applications serve as tools that address issues that arise during the pendency of litigation that cannot wait until the final disposal of the main case.
It ensures that the wheels of justice continue to turn smoothly by resolving ancillary matters that, if left unaddressed, could either prejudice a party’s rights or hinder the proper adjudication of the main dispute.
Was this easy?
Moving on, let us now look at the purposes
What are the purposes of an interlocutory application?
In this blog, we are dealing with only three types of interlocutory applications, so let us understand the purposes of interlocutory applications for Directions, Clarifications, and Rectifications.
1. Purpose of interlocutory application for Direction
The question coming to your mind would be, when do we file an application for Direction? It is filed when either of the parties has failed to take any steps in the matter. Just like what happened in my case.
It can also be filed when either of the parties has failed to comply with previous orders passed by the Hon’ble Court or where there has been inaction or undue delay in the implementation of orders, reliefs, or actions as directed by the Hon’ble Court.
So, in short, when you want some direction from the Hon’ble Court, this application comes to your rescue.
Moving on.
2. Purpose of interlocutory application for Clarification
This application can be filed when the Order passed by the Hon’ble Court contains any ambiguity or does not expressly indicate the scope or manner of compliance that is expected from the parties.
It may result in conflicting interpretations, incomplete execution, and cause injustice to the parties due to a lack of clarity.
Are you following?
3. Purpose of interlocutory application for Rectification
Coming to the third type of interlocutory application. An application for rectification is filed to correct inadvertent clerical or typographical errors in the Order passed by the Hon’ble Court.
You need to know what errors can be rectified. Such errors may include incorrect party numbers, dates, names, or numerical references, which, if left uncorrected, may affect the execution or enforceability of the Order.
Now that you have understood the purpose of the interlocutory application, let us understand the components of the interlocutory application.
What are the components of the interlocutory application?
Let us now understand what the components of the following interlocutory applications will be.
Knowing this will help you draft your application without taking up much time.
1. Components of interlocutory application for Directions
- Your application must begin with a reference to the main Writ Petition or matter under which the application is being filed, along with a gist of relevant facts, if necessary.
- You must also ensure that you mention the date on which the earlier Order was passed and the directions that were issued.
- Your application must clearly state that despite the issuance of directions and lapse of a reasonable time period, either party has failed to act or comply with the directions.
- You should annex the relevant order passed by the Hon’ble Court and mark it as an annexure to your application.
- It is essential to include the prayer clause. Your prayer clause should include reliefs that you are seeking, such as issuance of appropriate directions to either of the parties, such as filing of compliance affidavits or implementation of certain actions within a specified time period.
- Your application must contain a clause that the applicant affirms that the application is bona fide and made in the interest of justice.
2. Components of interlocutory application for Clarification
- You must ensure that your application refers to the Order that needs clarification. Your application shall include the date of such Order and the paragraph number or direction that lacks clarity.
- Your application should explain in clear terms the nature of the ambiguity and how it is impacting the implementation or understanding of the Order.
- Most importantly, the application must indicate that, unless clarification is provided, there is a risk of misinterpretation or arbitrary implementation by the party directed to comply with the Order, leading to potential prejudice or injustice.
- It is essential to include the prayer clause. Your prayer clause should include all the reliefs that you are seeking, such as clarification of the specific paragraph or operative portion of the Order.
- It is also essential that the application must declare that the relief that you are asking for is not for review or modification, but limited to seeking clarification, and that the application is filed bona fide and in the interest of justice.
3. Components of interlocutory application for Rectification
- Your application must refer to the Order containing the clerical error, specifying the date of the Order and, if relevant, the interlocutory application number in connection with which the order was passed.
- You need to clearly state the nature of the error
- Your application must clearly explain how the error would materially affect the implementation of the Order and why the correction is necessary to secure compliance.
- It is essential to include the prayer clause. Your prayer clause should include the relief you are seeking, such as to rectify the error and substitute the incorrect text with the correct details.
- Your application must also state that the relief sought is limited to correction of clerical or typographical mistakes and that the application is filed bona fide and in the interest of justice.
Before moving forward to drafting, let us see a small chart for you to refer to the purpose and components of each application.
Now, coming to the drafting
How to draft an interlocutory application?
I will now show you how to draft each application individually.
1. Drafting of interlocutory application for Directions
We will take the following facts to draft the application, and I will show the explanation in red.
Brief facts: The Petitioner has filed a Writ Petition in the Supreme Court in order to seek financial aid, health insurance, mental health support and a disclosure of the utilisation of funds for healthcare workers as per a government scheme dated 15th March 2023.
On 29th August 2024, the Supreme Court issued a notice and directed the Respondents to comply with the scheme and provide interim benefits. The Respondents undertake to take action within a period of four weeks and file a compliance affidavit. Even after a period of eight weeks, the Respondents have failed to take any steps in furtherance of the Order of the Court. Therefore, the Petitioner has decided to file an interlocutory application seeking directions against the Respondents to file compliance affidavits within a period of two weeks.
Explanation: The first part is referred to as the cause title, which mentions the court in which the application is filed, jurisdiction, context of the application, and it also mentions the names of the parties filing the petition and against whom it is filed.
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY ORIGINAL JURISDICTION
INTERLOCUTORY APPLICATION NO. 123 OF 2025
IN
WRIT PETITION (CIVIL) NO.456 OF 2024
IN THE MATTER OF:
Healthcare Heroes Association
….PETITIONER
Versus
State of Delhi NCT & Ors
….RESPONDENTS
Explanation: You must mention the nature of the application in order to inform the Court as well as the Respondents about the nature of the relief sought by way of this application.
APPLICATION FOR DIRECTIONS ON BEHALF OF THE PETITIONER
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
Explanation: The introductory paragraph should disclose the purpose of the main proceedings to know the context of the matter without repeating the facts since the same is not material to decide this application. It is sufficient to rely on the same.
MOST RESPECTFULLY SHOWETH:
- The Petitioner has filed the present Writ Petition against various states within the territory of India for the purpose of granting benefits in the nature of financial aid, health insurance, mental health support, and disclosure of fund utilisation to healthcare workers as per the Government scheme dated 15th March 2023. The facts of the case have been set out in the petition and are not being repeated herein for the sake of brevity. The Petitioner prays for leave of this Hon’ble Court to refer to and rely upon the said petition for the purpose of this application also.
Explanation: You immediately narrate the circumstances material for deciding this application. Starting with the Order that came to be passed in respect of which you need to seek directions. You must also attach the same as an annexure to refer to the same.
- That the matter was listed on 29th August 2024, where this Hon’ble Court was pleased to issue notice and direct the Respondents herein to comply with the scheme and provide interim benefits to the Petitioner organization. The true copy of the order dated 29th August 2024 passed by this Hon’ble Court in the captioned matter is filed herewith and marked as Annexure A1..
Explanation: Once you have mentioned the Order, disclose what was directed in it in short, and if there is any time period mentioned in the Order to comply with the directions, you must even state that in the paragraph.
- That in view of the same, undertakings were given by the Respondents to the court that action will be taken within a period of 4 weeks and compliance will be shown to this Hon’ble Court.
Explanation: Then comes the important part, wherein you disclose that the directions have not been complied with, and a lot of time has passed. If there is any grave prejudice that has been caused by such non-compliance, you can even mention that in it.
- That even after a passage of 8 weeks, no steps have been taken by Respondent Nos.1 to 15. It is, therefore, incumbent upon this Hon’ble Court to pass necessary directions to the said Respondents to demonstrate the actions that they have undertaken in furtherance of the said Order dated 29th August 2024.
Explanation: You finally state what you want from the Court.
- That, therefore, the Petitioner humbly prays that appropriate directions may be issued to the Respondents Nos.1 to 15 to file compliance affidavits within a period of 2 weeks from the date of this application.
Explanation: You must mandatorily mention this paragraph to show bona fide.
- That the present application is bona fide and made in the interest of justice.
Explanation: You must precisely mention the reliefs that are required by filing this application, which, if allowed by the Court, will be granted. It is important that the prayer clause is drafted properly because if you do not clearly mention what you want, then it might lead to another application, and it would be a never-ending process.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Allow the present application and issue directions to Respondent Nos. 1 to 15 to file compliance affidavits; and
- pass such other and further order(s) as this Hon’ble Court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS THE PETITIONER (S) AS IN DUTY BOUND SHALL EVER PRAY
ADVOCATE FOR THE PETITIONER
Moving on to the next application.
2. Drafting of interlocutory application for Clarification
Similarly, based on the below mentioned facts, I will teach you how to draft the application. I will show the explanation in red as above.
Brief facts: The Petitioner filed a Writ Petition to seek implementation of benefits for healthcare workers as per a government scheme dated 15th March 2023.
On 15th July 2023, the Supreme Court issued a notice and directed the respondents to comply with the scheme and provide interim benefits within a period of four weeks.
However, the Order did not specify the nature of the benefits that must be complied with. Therefore, an interlocutory application is required to be filed to seek clarification of the Order dated 15th July 2023.
Explanation: The first part of the petition is referred to as the cause title. The cause title shall contain the name of the court where the application is to be filed, jurisdiction, case number and it shall also mention the name of the parties filing the petition and against whom the petition is filed.
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY ORIGINAL JURISDICTION
IA NO.54321 OF 2023
IN
WRIT PETITION (CIVIL) NO. 789 OF 2023
IN THE MATTER OF:
Healthcare Heroes Association
….PETITIONER
Versus
State of Delhi NCT & Ors
….RESPONDENTS
Explanation: You must mention the nature of the application in order to inform the court as well as the Respondents about the nature of the relief sought.
APPLICATION FOR CLARIFICATION OF THE ORDER DATED 15TH JULY, 2023 OF THIS HON’BLE COURT ON BEHALF OF THE PETITIONER
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
Explanation: The introductory paragraph should disclose the purpose of the main proceedings to know the context of the matter without repeating the facts since the same is not material to decide this application. It is sufficient to rely on the same.
- The Petitioner has filed the captioned Writ Petition against various states within the territory of India for the purpose of granting benefits in the nature of financial assistance to healthcare workers as per Govt. scheme dated 15th March 2023. The facts of the case have been set out in the petition and are not being repeated herein for the sake of brevity. The Petitioner prays for leave of this Hon’ble Court to refer to and rely upon the said petition for the purpose of this application also.
Explanation: You then narrate the circumstances material for deciding this application. Start with the Order that came to be passed in respect of which you need to seek directions. You must also attach it as an annexure to refer to it.
- That the matter was listed on 15th July 2023, where this Hon’ble Court was pleased to issue notice and direct the Respondents herein to comply with the scheme and provide interim benefits to the Petitioner organization. A true copy of the Order dated 15th July 2023 passed by this Hon’ble Court in the captioned matter is filed herewith and marked as Annexure A1.
Explanation: Once you have mentioned about the Order, disclose what was directed in the Order in short and if there is any time period mentioned in the Order to comply with the directions, you must even state that in the paragraph. If no specific direction is given in the Order, then you must also mention that and state that it is the reason for filing the present application.
- That, however, the Order of this Hon’ble Court dated 15th July 2023 does not specify the nature of the benefits to be given to the Petitioners’ organisation. Therefore, the Petitioners are filing the present Application seeking clarification of the Order dated 15th July 2023 from this Hon’ble Court.
Explanation: Then comes the important part, wherein you mention that the clarifications have not been provided by the Hon’ble Court, which will lead to the other side not knowing what exactly to comply with and would further delay the matter. You should also mention that a grave injustice would be caused to the Petitioner if there is no clarity on the Order
- That if the said clarifications are not provided by this Hon’ble Court, as a result whereof, the Respondents will not have clarity on what to comply with and run the risk of acting arbitrarily. This will ultimately cause grave injustice and irreparable loss to the Petitioners herein.
Explanation: Next, you mention what you are exactly seeking from the Court.
- That, therefore, the Petitioner humbly requests this Hon’ble Court to clarify the benefits that are to be provided to the Petitioner organisation in terms of the scheme dated 15th March 2023.
Explanation: You must mandatorily mention this paragraph to show bona fide.
- That the present application is bona fide and made in the interest of justice.
Explanation: You must precisely mention the reliefs you are seeking by filing this application, which, if allowed by the Court, will be granted. It is important that the prayer clause is drafted well because if you do not clearly mention what you want, then it might lead to confusion and another application, and it would be a never-ending process.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Allow the present application and clarify paragraph no. 4 of the Order dated 15th July 2023 passed by this Hon’ble Court; and
- pass such other and further order(s) as this Hon’ble Court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS THE PETITIONER (S) AS IN DUTY BOUND SHALL EVER PRAY
ADVOCATE FOR THE PETITIONER
3. Drafting of Interlocutory Application for rectification
Finally, I will use the following facts to draft this application and will highlight the explanation in red.
Brief facts: The Healthcare Heroes Association, the Petitioner, filed a Writ Petition against the State of Delhi NCT and others, seeking financial assistance and protective equipment for healthcare workers under a government scheme dated 15th March 2023.
On 29th August 2023, the Court issued certain directions against the Respondents. However, the Court inadvertently recorded the directions being applicable only against Respondent Nos. 1 to 14 instead of Respondent Nos. 1 to 15.
Therefore, an interlocutory application for rectification is required to be filed to cover the operation of the Order even against Respondent No. 15.
Explanation: The first part of the petition is referred to as the cause title. The cause title shall contain the name of the court where the application is filed, jurisdiction, case number and it shall also mention the name of the parties filing the petition and against whom the petition is filed.
IN THE SUPREME COURT OF INDIA
EXTRAORDINARY ORIGINAL JURISDICTION
IA NO. 12345 OF 2023
IN
WRIT PETITION (CIVIL) NO. 678 OF 2023
IN THE MATTER OF:
Healthcare Heroes Association
….PETITIONER
Versus
State of Delhi NCT & Ors
….RESPONDENTS
Explanation: You mention the nature of the application in order to inform the court as well as the Respondents about the nature of the relief sought.
APPLICATION FOR RECTIFICATION ON BEHALF OF THE PETITIONER
TO,
THE HON’BLE CHIEF JUSTICE OF INDIA
AND HIS COMPANION JUSTICES OF THE
HON’BLE SUPREME COURT OF INDIA
Explanation: The introductory paragraph should disclose the purpose of the main proceedings to know the context of the matter without repeating the facts since the same is not material to decide this application. It is sufficient to rely on the same.
- The Petitioner has filed the present Writ Petition against various states within the territory of India for the purpose of granting benefits in the nature of financial assistance and protective equipment for healthcare workers as per the Government scheme dated 15th March 2023. The facts of the case have been set out in the petition and are not being repeated herein for the sake of brevity. The Petitioner prays for leave of this Hon’ble Court to refer to and rely upon the said petition for the purpose of this application also.
Explanation: You must narrate the circumstances material for deciding this application. Start with the Order that came to be passed in respect of which you need to seek directions. You must also attach the same as an annexure to refer to the same.
- That the matter was listed on 15th July 2023, where this Hon’ble Court was pleased to issue notice and direct the respondents herein to comply with the scheme and provide interim benefits to the petitioner organization. The true copy of the order dated 15th July 2023 passed by this Hon’ble Court in the captioned matter is filed herewith and marked as Annexure A1.
Explanation: Once you have mentioned the Order, disclose what was directed in the Order in short, and if there is any time period mentioned in the Order to comply with the directions, you must even state that in the paragraph.
- That in view of the same, undertakings were given by the Respondents to the Hon’ble Court that action will be taken within a period of 4 weeks and compliance will be shown to this Hon’ble Court.
Explanation: Then comes the important part, wherein you disclose that the directions have not been complied with, and a lot of time has gone by. You must thereafter mention the application filed for seeking directions to be issued by the Court. You can also mention the date on which the application was filed. Here, you can briefly mention the purpose for which the application was filed.
- That even after a passage of 8 weeks, no steps have been taken by Respondent Nos. 1 to 15. Therefore, on 20th August 2023, the Petitioner herein filed an application seeking directions to be issued to the Respondents Nos. 1 to 15 to file compliance affidavits before this Hon’ble Court.
Explanation: Thereafter, you must mention the details of the Order that came to be passed in the application and also attach the same as an annexure to refer to the same.
- That the said application numbered as IA No. 12345/2023 was taken up by this Hon’ble Court on 29th August 2023, whereby this Hon’ble Court was pleased to issue directions to the Respondents Nos. 1 to 15 to file compliance affidavits detailing the steps taken by them in furtherance of the order dated 15th July 2023. A true copy of the order dated 29th August 2023 is annexed as Annexure A2.
Explanation: You must next state here what was inadvertently recorded in the Order and that if it is not rectified then proper compliance with the Order cannot be done.
- However, the said Order dated 29th August 2023 inadvertently records that the directions are being issued to Respondent Nos.1 to 14 instead of Respondent Nos. 1 to 15. The same has to be rectified at the earliest, otherwise, compliance will not be secured from Respondent No. 15.
Explanation: You must finally state here what exactly you want from the Court.
- The Petitioner is moving the present application seeking rectification of the order dated 29th August 2023 to the effect that Respondent Nos.1 to 14 may be changed to Respondent Nos. 1 to 15.
Explanation: You must mandatorily mention this paragraph to show bona fide.
- That the present application is bona fide and made in the interest of justice.
Explanation: You must precisely mention the reliefs that you are seeking by filing this application, which, if allowed by the Court, will be granted. It is important that the prayer clause is drafted well because if you do not clearly mention what you want, then it might lead to another application, and it would be a never ending process.
PRAYER
It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to:
- Allow the present application and rectify the order dated 29th August 2023 to effect the change in paragraph no. 5 of the Order dated 29th August 2023 from Respondent Nos. 1 to 14 to Respondent Nos. 1 to 15; and
- pass such other and further order(s) as this Hon’ble Court may deem fit and proper.
AND FOR THIS ACT OF KINDNESS THE PETITIONER (S) AS IN DUTY BOUND SHALL EVER PRAY
ADVOCATE FOR THE PETITIONER
Conclusion
Now that you know how to draft these applications, you have added another skill set. Remember that a well-drafted interlocutory application often determines the success of the main proceedings.
So it is necessary to use them strategically, draft them carefully, and always keep the broader interests of justice in mind.
Frequently asked questions (FAQs)
- Who can file an interlocutory application?
It is usually the parties to the main proceedings who can file interlocutory applications. However, in certain circumstances, third parties may also be permitted to file such applications with the court’s permission.
- Is there a time limit for filing interlocutory applications for Directions, Clarification, and Rectification?
There is no specific statutory time limit for filing an interlocutory application for directions, clarification, and rectification, but applications should be filed promptly when the need arises. The Court may question delays, and it could affect the outcome.
- Can a party seek interim directions in an application for Directions?
Yes, a party can seek interim direction, which must be in aid of the final relief sought in the application.
- Is a bona fide declaration required in the interlocutory application?
It is necessary to include a paragraph stating that the application is filed bona fide and in the interest of justice.
- Can a person file multiple interlocutory applications in the same case?
Yes, a person can file multiple applications as circumstances require, but each should serve a distinct purpose and be justified. The multiple applications filed should not be seeking the same relief.
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