How to draft interlocutory applications before the Supreme Court (Part 2) 

Welcome back to our interlocutory application series. In this second part of our interlocutory application series, you will learn how to draft the other types of interlocutory applications before the Supreme Court, such as Intervention and Impleadment.

Introduction 

If you have read through part 1 of the interlocutory application series, you already know how to go about drafting an interlocutory application for Direction, Clarification and Rectification. I am linking How to draft interlocutory applications before the Supreme Court  (Part 1) here for those who have not read it. 

Today, in this article, we unravel three other key types of interlocutory applications that every advocate should know about: Impleadment and Intervention. 

Before we begin, let me tell you a brief story that illustrates the importance of these applications. 

This is about a young advocate who was representing a group of contractual employees, fighting for their pension rights. 

The thing here was that there was a similar case pending before the Supreme Court, but her clients were not made parties to the proceeding.

In the usual course, most people would have given up thinking that it was too late to join the proceedings, but that was not the case with her. 

Instead, she filed an Impleadment Application, showing how her client’s rights would be directly affected by the decision of the court if they were not impleaded. 

And guess what, the Supreme Court allowed the application and eventually her client’s got their pension rights alongside the original petitioners. 

So, what does this story teach us? 

Knowing when and how to use these procedural tools can make the difference between victory and defeat.

However, I would also like to inform you that Impleadment Applications are subject to judicial discretion and may be rejected if the applicant fails to establish a direct legal interest or files the application late.

Today, I will walk you through the purposes, components of the interlocutory application and also how to draft interlocutory applications for Impleadment and Intervention 

First, let us see what the purposes are.

What are the purposes of an interlocutory application?

In this blog, we are dealing with only two types of interlocutory applications, so let us understand the purposes of interlocutory applications for Impleadment and Intervention.

1. Purpose of interlocutory application for Impleadment

You need to know when to file an application for Impleadment. 

It is usually filed when you need to add a necessary or proper party to the pending proceedings, as their presence is necessary for complete justice in the case. 

For those who are not aware, let me explain you who are necessary part and proper party. 

A necessary party is one whose presence is indispensable to the constitution of the suit, against whom the relief is sought and without whom no effective order can be passed. For instance in a suit for partition all the sharers are necessary parties.

On the contrary, a proper party is the one in whose absence an effective order can be passed but whose presence is necessary for a complete and final decision on the question involved in the proceeding. For instance  in a suit for possession by the landlord against the tenant, a sub-tenant is only a proper party. So also, grandsons are proper parties to a suit for partition by sons against their father. 

In simple terms, this is particularly essential when the outcome of the case would directly affect the rights or interests of the person or entity seeking to be added, and their absence could lead to injustice or incomplete relief.

2. Purpose of interlocutory application for Intervention

Coming to an application for Intervention, it is maintainable when a third party has some valuable insight or information that can assist the Court in making a just decision.

An Intervention application is filed by a third party to support a party or raise a specific issue. 

Intervention Application are often restricted in private disputes and are more common in public interest matters or constitutional cases.

In the absence of such intervention, the court might miss critical facts or technical details, which could lead to an uninformed ruling.

Let us move on to the components of the interlocutory application.

What are the components of the interlocutory application?

Now that you have understood the purpose of these interlocutory applications, I will now talk about the components of the Impleadment and Intervention applications.

1. Components of interlocutory application for Impleadment

Your application must begin with a reference to the main matter under which such application is filed, along with a brief mention of relevant facts, if necessary, to set the context.

The applicant must mention the date and details of the Order that is being challenged in the main proceedings and explain their connection to the case.

The application must clearly state how the rights and interests of the applicant are affected by the outcome of the proceedings and why their inclusion as a party is necessary.

The application should annex relevant documents, such as court orders or notifications, to support the applicant’s claim of similarity or right to be impleaded.

Your application shall consist of a prayer clause, seeking to implead the applicant as a party in the proceedings.

The applicant must affirm that the application is bona fide and made in the interest of justice.

2. Components of interlocutory application for Intervention

You must refer to the main matter and the specific order being challenged, including its date and important details, in your application.

It should describe the applicant’s role, expertise or involvement in the matter, explaining how their knowledge is relevant to the court’s adjudication.

The applicant must indicate that their intervention is necessary to provide important facts or perspectives, without which there is a risk of incomplete adjudication or miscarriage of justice.

The application should annex documents, such as appointment letters or reports, to establish the applicant’s credibility and involvement.

The prayer must seek permission for the applicant to intervene in the proceedings.

The application must declare that it is filed bona fide and in the interest of justice.

Moving, let us see how these are drafted.  

How to draft an interlocutory application?

I will show how to draft each application now, one by one.

1. Drafting of interlocutory application for Impleadment

We will take the following facts to draft the application, and I will show the explanation in red.

Brief facts: The Employees Association Cost of Horticulture Scheme, Assam, seeks to implead itself in a pending Special Leave Petition (SLP) before the Supreme Court, challenging the Calcutta High Court’s Order dated 09.02.2023 in WP(C) No. 588/2023, which granted pensionary benefits to contractual employees of Subhash Chandra University (SCU), West Bengal. A similar order was passed by the Gauhati High Court in favor of the Assam Association on 15.12.2022, but it remains unimplemented. The Assam Association, whose members performed identical work as that under SCU, seeks to join the Supreme Court proceedings to protect their rights, as the outcome will directly affect them.

Explanation: The first part is called the cause title, which establishes the court, jurisdiction, and context of the application and also mentions the names of the parties filing the petition and against whom it is filed.

IN THE SUPREME COURT OF INDIA 

  CIVIL APPELLATE JURISDICTION 

IA NO. ___ OF 2023 

  IN

SPECIAL LEAVE PETITION (CIVIL) NO. 12345 OF 2023

IN THE MATTER OF: 

Versus

 IN THE MATTER OF:

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 IMPLEADMENT ON BEHALF OF THE APPLICANT

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA 

AND HIS COMPANION JUSTICES OF THE 

HON’BLE SUPREME COURT OF INDIA

MOST RESPECTFULLY SHOWETH:

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.

1. The Petitioner has filed the present Special Leave Petition, challenging the order dated 09.02.2023 passed by the Hon’ble High Court of Calcutta in Writ Petition (Civil) No. 588/2023, whereby the Hon’ble High Court of Calcutta has allowed the Writ Petition filed by the Respondent herein, granting the relief of pensionary benefits as per the Subhash Chandra University Pension Scheme, 2010. The facts of the case have been set out in the petition and are not being repeated herein for the sake of brevity.

Explanation: This paragraph introduces the Applicant and it also explains their background, to establish how are they relevant to the case. By demonstrating their contractual employment under a government notification, it shows their similarity to the Respondent in the main case, which is necessary to justify why they should be impleaded in the matter.

2. The present Applicant is a similarly situated association of employees who were employed on a contractual basis to conduct horticulture research and analysis for the State of Assam under the notification dated 15.06.2015 issued by the Union of India. As per this notification, every state was mandated to carry out cost analytics for every state regarding the horticulture of that particular state. A copy of the notification dated 15.06.2015 issued by the Union of India is annexed hereto as “Annexure A1”.

Explanation: This paragraph mentions the prior representations to demonstrate that the Applicant attempted to resolve the issue earlier to strengthen their case for impleadment.

3. The Applicant was given employment on a contractual basis, but was made to do the same level of work and subjected to the same rules of the University that are applicable to permanent employees of the University. In view of the same, the Applicant made several representations to the University, the State of Assam, and the Union of India to grant the same benefits that are vested in the permanent employees vis-à-vis the pensionary benefits.

Explanation: This paragraph mentions the prior Order passed in a similar matter before the Gauhati High Court to establish that the Applicant has a legal right, which is now at risk due to non-implementation and the pending Supreme Court case, making their involvement in the proceedings necessary.

4. However, the same was declined, and a Writ Petition was filed by the Applicant before the Hon’ble Gauhati High Court on 10.03.2022, which was allowed and an Order was passed in favour of the Applicant directing as under: 

“The Respondents are directed to extend pensionary benefits under the Subhash Chandra University Pension Scheme, 2010, to the members of the Petitioner Association, along with arrears from the date of their eligibility, within a period of three months.”

A copy of the Order dated 10.3.2022 passed by the Hon’ble Gauhati High Court is annexed hereto as “Annexure A2”.

Explanation: This paragraph highlights the failure of the authorities to comply with the High Court’s order and reasons related thereto in order to connect the situation of the Applicant with the Supreme Court proceedings.

5. The Applicant, on 20.01.2023, made a representation to the University and the Union of India for the release of pension, along with arrears, for the members of the applicant association. However, the same was denied by the Union of India on the ground that the budget allocation could not be made at this point, as the same issue is pending adjudication before this Hon’ble Court. Copies of the representation dated 20.01.2023 and the reply are annexed hereto as “Annexure A3” and “Annexure A4” respectively.

Explanation: This paragraph discusses that similar orders are passed nationwide, with multiple appeals are being filed in this Court and the same are tagged to the present petition.

6. That various orders have been passed by High Courts across the country in favour of similarly situated people, and the said orders have been challenged by the Union of India by way of several civil appeals, which are tagged along with the present appeal at hand.

Explanation: This paragraph states the rights of the Applicant and that the decision of the Supreme Court will impact their rights; therefore, it is necessary to implead them as parties to the present petition.

7. That the present matter concerns the rights of the members of the applicant association, and hence it is pertinent that the applicant should be made a party to the present proceedings.

Explanation: This paragraph demonstrates the consequences of excluding the Applicants if the application is rejected.

8. That if the present application is not allowed, the Applicant will be substantially affected by the orders passed by this Hon’ble Court without having had a fair opportunity to be heard and the Applicant will face irreparable loss and injury that cannot be compensated. Hence, the Applicant needs to be added as a party respondent.

Explanation: You must mandatorily mention this paragraph to show bona fide.

9. That the present application is bona fide and made in the interest of justice.

Explanation: You must mention the reliefs properly. In this case, you will request the Court to allow the application and implead the applicant as a party respondent.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may be pleased to: 

a. Allow the present application and implead the applicant as a party respondent to the present proceedings; and 

b. Pass such other and further order(s) as this Hon’ble Court may deem fit and proper.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY

ADVOCATE FOR THE APPLICANT

 FILED BY: [Advocate’s Name] 

Place: _______ 

Date: ______

2. Drafting of interlocutory application for Intervention

We will take the following facts to draft the application, and I will show the explanation in red.

Brief Facts: Dr. Anil Sharma, a Director in the Department of Agriculture, seeks to intervene in the Supreme Court proceedings to provide expert insights in the matter. The Special Leave Petition is filed by the Union of India & Ors., challenging the Calcutta High Court’s Order dated 09.02.2023 passed in Writ Petition (Civil) No. 588/2023, which granted pensionary benefits to the Employees Association – Cost of Horticulture Scheme, West Bengal.

Explanation: The first part is called the cause title, which establishes the court, jurisdiction, and context of the application and also mentions the names of the parties filing the petition and against whom it is filed.     

    IN THE SUPREME COURT OF INDIA 

     CIVIL APPELLATE JURISDICTION 

     IA NO. ___ OF 2023

IN 

SPECIAL LEAVE PETITION (CIVIL) NO. 12345 OF 2023

IN THE MATTER OF: 

Versus

IN THE MATTER OF: 

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 INTERVENTION ON BEHALF OF THE APPLICANT

TO,

THE HON’BLE CHIEF JUSTICE OF INDIA 

AND HIS COMPANION JUSTICES OF THE 

HON’BLE SUPREME COURT OF INDIA

MOST RESPECTFULLY SHOWETH:

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.

1. The Petitioner has filed the present Special Leave Petition, challenging the Order dated 09.02.2023 passed by the Hon’ble High Court of Calcutta in Writ Petition (Civil) No. 588/2023, whereby the Hon’ble High Court has allowed the Writ Petition filed by the Respondent herein, granting the relief of pensionary benefits as per the Subhash Chandra University Pension Scheme, 2010.

Explanation: This paragraph introduces the Applicant and establishes their relevance to the case in order  to demonstrate his expertise and direct involvement, which justifies his request to intervene.

2. That the present Applicant works as a director with the Department of Agriculture, Co-operation and Farmers Welfare, Ministry of Agriculture, Government of India, who has overseen the implementation of the cost of horticulture scheme at a pan India level pursuant to notification no.HORT/STAT/2015/123 dated 15.06.2015. The Applicant has been responsible for co-ordinating the scheme’s execution, ensuring compliance with its objectives and managing budgetary allocations across states, including West Bengal and Assam. Copies of the appointment letter dated 01.04.2015 and report on Scheme Implementation, 2020 are hereto annexed as Annexure A1 and Annexure A2, respectively.

Explanation: This paragraph elaborates on the Applicant’s expertise, connects his knowledge to the issues in the SLP (pensionary benefits), showing why his intervention would assist the court in making an informed decision.

3. That the Applicant’s role has provided comprehensive knowledge of the operational framework of the scheme, including the employment conditions of contractual workers vis-à-vis permanent employees of Subhash Chandra University and the financial implications of extending pensionary benefits, which are critical to the adjudication of the present proceedings.

Explanation: This paragraph shows that the Applicant possesses some relevant information that is essential for the courts decision making process. It shows the necessity of his intervention to ensure the court has access to critical facts, strengthening the case for allowing his participation.

4. That the Applicant herein is privy to facts which are necessary to be placed before this Hon’ble Court for the proper adjudication of the issue at hand.

Explanation: This paragraph highlights the consequences in case the application is not allowed, it should highlight that excluding the true and correct facts could lead to an unjust outcome. It invokes the principle of natural justice to emphasize the importance of the Applicant’s contribution to the proceedings.

5. That if the present application is not allowed, there will be a grave miscarriage of principles of natural justice in the absence of true and correct facts brought to the notice of this Hon’ble Court.

Explanation: You must mandatorily mention this paragraph to show bona fide and to avoid frivolous filings.

6. That the present application is bona fide and made in the interest of justice.

Explanation: You must mention the reliefs properly. In this case, you will request the Court to allow the application and allow the applicant to intervene in the proceedings.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to: 

a. Allow the present application and allow the applicant to intervene in the present proceedings; and

 b. Pass such other and further order(s) as this Hon’ble Court may deem fit and proper.

AND FOR THIS ACT OF KINDNESS THE APPLICANT AS IN DUTY BOUND SHALL EVER PRAY

ADVOCATE FOR THE APPLICANT

 FILED BY: [Advocate’s Name] 

Place: 

Date:  

Conclusion

So now you know that these applications play a crucial role in ensuring that necessary parties are heard and the relevant facts are brought before the court.

In Part 1, we covered Directions, Clarifications and Rectifications. With Part 2, you are now equipped to draft five interlocutory applications. You must remember that precise facts, proper annexures and specific prayers form the basis for any effective application. A well structured interlocutory application can make a significant difference in the outcome of your matter.

Whether you are an advocate refining your drafting skill or a student preparing for your Advocate on Record exams, then learning this skill is important. 

Stay tuned for more practical insights in the next part of the series.

Frequently asked questions (FAQs)

1. What is the difference between Impleadment and Intervention?

Impleadment means to add someone as a formal party to the proceeding as their rights or interests are directly affected by the outcome. On the other hand, intervention is when a non party wants to offer insights to assist the court, without becoming a full fledged party. In our horticulture scheme case, the Assam Association wants to be a party (Impleadment) because their pensions are at stake, while Dr. Anil Sharma wants to share his expertise (Intervention) without joining the fight.

2. When can you file an Impleadment Application?

A person can file an Impleadment application when:

• The outcome of the case will directly affect your legal rights
• Your absence would lead to incomplete justice
• You have a legal interest that needs protection

You need to file an Impleadment Application as early as possible, as the Courts may be reluctant to add parties at a later stage. 

3. Who can file an Intervention Application?

An Intervention application can be filed by:

• A person with expert knowledge in the subject and relevant experience can assist the Court.
• Government officials with vast administrative experience
• Organizations with valuable insights

Any person can file an Intervention Application, but the Applicant must demonstrate how their knowledge and expertise will assist the court in making a just decision.