CPC Section 141 | Proceedings regarding interlocutory applications.

Explanation of CPC Section 141

In Punjab 

For section 141, the following shall be substituted:

“141. Proceedings regarding interlocutory applications.
(1) The Court hearing a suit shall concurrently hear the interlocutory applications filed in the suit according to such timelines and in such a manner as may be prescribed.

(2) The filing of any application under subsection (1), including an application for the rejection of the plaint or dismissal of a suit, shall be no ground to halt the proceedings in the suit or to dispense with or waive the requirement of filing a written statement within the timelines as provided in this Code."

Punjab Act, 14 of 2020, S. 9 

In Islamabad 

For section 141, the following shall be substituted, namely:

141. Miscellaneous proceedings.
The procedure provided in this Code with regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

Act 19 of 2023, S. 15 

In Kpk

For section 141, the following shall be substituted, namely:

“141. Proceedings regarding application for injunctions and other miscellaneous application and issues.

(1) The procedure provided in this Code with regard to suits shall be followed, as far as it can be made applicable, in all proceedings in any Court of civil jurisdiction.

(2) The Court in which the main case is pending shall maintain separate file each for the main case as well as for interlocutory applications respectively and shall proceed with both of them separately.

(3) At all material times, the Court shall keep both the files, updated and tallied with each other in duplicate and identically including the respective orders and diary sheets.

(4) The Court shall proceed collaterally with the main suit and interlocutory applications respectively according to the timelines prescribed in this Code and the rules or by any order of the Court.

Explanation: It is clarified that the pendency of any interlocutory application shall be no ground to stay or delay the proceedings before the Court hearing the main case.

(5) All applications in the main case for addition, deletion and substitution of parties, amendments to pleadings, modification or alteration of issues, rejection of plaint and stay of suits including miscellaneous or interlocutory applications, shall be heard and adjudicated by the Court hearing the main case.

(6) The filing of any application, including an application for the rejection of the plaint or a dismissal of suit, shall be no ground to dispense with or waive the requirement of filing a written statement within the timelines prescribed in this Code.

(7) This section shall have effect notwithstanding any other provision in this Code or any other law for the time being in force.”

KPK Act 49, of 2020, S. 17