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)

298 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.

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