Observations in interim order as final order does not talk about it

In 2005 application under order 1 rule 10 was dismissed of purchaser of mortgage property in recovery suit filled by bank on mortgagor. Final order passed in recovery suit in 2007 in that order it was mentioned that application of purchaser was dismissed by order passed in 2005. In 2007 a suit was filled against purchaser relying on observations of interim order passed in 2005. I want to know does the observations in interim order subsist when final order does not talk about these observations? Any judgement supporting this?

Answers (1)

186 votes

Interim order powers is for a limited time period, its applicability is only till it is changed by subsequent or final order. However in your case since your application was dismissed under order 1 rule 10 and no subsequent or final order changes that interim order, it has attained the character of finality. So observations in the interim order will subsist even after final order.

Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

Popular Property Lawyers

Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
21 years Experience
Advocate Rajeev Nigam
Kanpur Nagar, Kanpur
27 years Experience
Report abuse?

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Property Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions

"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."

Related Articles