Difference between Petition

Original petition generally refers to any petition or any application in court that states the origination of disputes and seeks specific reliefs. Rule 3(9) of the Code of Civil Procedure defines Original Petition as: ‘Original petition means a petition whereby any proceeding other than a suit or appeal or a proceedings in execution of a decree or order, is instituted in a court.” The Original Petition refers to the point of origination of the dispute. On the other hand Interlocutory Petition is defined under the Civil Rules of Practice, Rule 2 (j) to mean “an application to the court in any suit, appeal or proceedings already instituted in such court, other than a proceeding for execution of a decree or order”. It is interesting to note that the word “application” is defined in Rule 2 (c) that includes execution application, execution petition and interlocutory application, both written and oral.

Difference Between Original Petition and Interlocutory Petition