Important Legal Definitions
Explore legal terms, clear definitions and practical examples.
Final Order vs. Interlocutory Order (Test of Finality)
Judicial Orders, Injunctions & Precedents
Definition
The legal test establishing that an order is "final" if it conclusively determines the rights of the parties regarding the matters in dispute and brings the proceeding to an end; if the action survives and continues, the order is "interlocutory."
Example
In Madhu Limaye v. State of Maharashtra, the Supreme Court analyzed the test of an interlocutory order under Section 397(2) CrPC, holding that an order rejecting an application for discharge on a jurisdictional point is an intermediate order amenable to revision.