7. Procedure in Suits.- Save as provided by this order, the procedure in suits hereunder shall be the same as the procedure in suits instituted in the ordinary manner.
HIGH COURT AMENDMENT
Order XXXVII-A
“Karnataka. - After Order XXXVII and before Order XXXVII insert the following Order:
Order XXXVII-A
Interlocutory Applications:
(1) An interlocutory application means an application to the Court in any suit, appeal or proceeding already instituted in such Court other than an application for execution of decree or order or for review of judgment or for leave to appeal.
(2) Except where otherwise prescribed by rules or otherwise provided by any law for the time being in force, an interlocutory application shall state only the order prayed for and shall not contain any statement of facts or argumentative matter. Every application in contravention of this rule shall be returned for amendment or rejected. (3) Every interlocutory application shall be supported by an affidavit. Where, however, the facts on which the application is based appear from the records in Court or relate to any act or conduct of the applicant’s pleader himself, the Court may permit a memorandum of facts signed by the applicant’s pleader to be filed instead of an affidavit. (4) Any fact required to be proved upon an interlocutory proceeding shall, unless otherwise prescribed by rule, or ordered by Court be proved by affidavit, but the Judge may in any case direct evidence to be given orally, and thereupon the evidence shall be recorded and exhibits m ed in the same manner as in a suit.”(30.3.1967).
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