When the word is used as an adjective, it means “temporary” or “provisional” and when it is used as a noun it means “intervening”. , Interim orders under CPC may be condensed under-, In a suit for debt or damages, it is open to the defendant that he can deposit such sum of money as he considers a satisfaction in full of the plaintiff’s claim at any stage of the proceeding of the matter. Injunctions can be classified into various types-, A permanent injunction will forever restrict a party from performing a specified act, and a ruling can only be granted on the merits of the case after the hearing of both parties is over. The court may pass interim orders in form of commissions and letter of requests which are also called incidental proceedings, arrest and attachment before judgement, temporary injunctions, interim sale of movable property, detention, preservation, inspection of suit property, putting a party in immediate possession of land or tenure, deposit of money in court, appointment of Receiver, deposit of claim amount by defendant and security for costs. , The plaintiff lives outside of India, or there are two or more plaintiffs, and they all live outside of India; and, The sole plaintiff or no plaintiff owns sufficient real estate other than litigation property in India.. It is done so, because the subject matter of suit must be protected until the judgement is passed. The court enters an … What are the grounds on which it can be rejected? The essential ingredients of an order are as follows. I have perused the report of the local commissioner. Usually, at that stage, it is called interim injunction. According to Section 75, a court may issue a commission for any of the following purposes: The commissioner’s report will provide preliminary evidence about the facts and data collected by the commissioner. Security for Costs: Order 25. In a recent judgment, the Bombay High Court ruled that while entertaining the Regular Civil Appeal, if the First Appellate Court passes interim order under Order 39 Rules 1 and 2 of the CPC, it cannot be challenged further by taking help of sub-rule (r) of Rule 1 of … 2017). Interlocutory order is another word for interim orders. Cadbury (India) Ltd., AIR 2000 SC 2114,  Bombay Dyeing & Manufacturing Co. Ltd. vs. Bombay Environmental Action Group & Ors. Such orders of security for costs are passed where there is a likelihood whereby a defendant is going to be deprived of the costs even when he succeeds in the suit, thereby, the court may direct the plaintiff to give security for payment of costs to the defendant. THAKKER & M.C. Does the plaintiff have prima facie evidence? If an attachment order is issued that does not comply with Rule 5(1), the attachment will be invalid. He can accept the funds or property in the litigation, whenever it is believed by the court that it is unreasonable for either of the party to hold property or funds. The court to protect both the parties from incurring any loss passed an order to stop construction activities on the disputed property with an immediate effect. Protect the interests of the plaintiff from infringement of their rights, considering the harm that may be suffered by the defendant as a result of it. In the language of the law, this order is known as an interim order. The Order being of interim nature, and out of respect for the Speaker’s power, the Court restrained from deciding the matter itself, even though there was ample evidence that the Speaker had failed to discharge his duty, and gave a grant to the Speaker to decide the matter. Even if there are serious problems or preliminary evidence to support the grant, the balance between convenience and inconvenience should be considered a principal requisite. Thus, it is clear that, passing of orders/granting interim-measures under Section 9 does not presuppose existence of asset(s) in India. THAKKER & M.C. The court has the power to order interim sale of movable property, which is the subject-matter of the suit or is attached before judgment in such suit, which is subject to speedy and natural decay. These temporary orders are required because it was felt by legislature that sometimes a court is required to grant such relief or pass such order as may be necessary to be passed. Order 38 Rule 5 of the CPC provides interim measures; it requires a person seeking such relief to prove a higher pedestal than a prima facie case, balance of convenience and imminent threat of irretrievable harm or injury (three Parameters). Since the arrest of the defendant before passing the judgment in favour of the plaintiff is an extreme action so it should be performed with due care and caution. Co. v. Solanki Traders, (2008) 2 SCC 302. Wherein the court is satisfied that the defendant is going to do any such act which includes absconding, delaying the suit, avoiding any process of suit, etc, or likely to make any attempt to defeat the execution of decree, then the plaintiff may make an application for the arrest of defendant. Injunction to restrain repetition or continuance of breach. Generally, the arrest of an accused (as the execution of decree) took place after passing of the decree but in certain exceptional cases, an accused can be arrested before passing of the judgment. As a general rule, an order of a court is founded on the objective considerations and as such judicial order must contain a discussion of the question at issue and the reasons which prevailed the court which led to the passing of the order. Send your current work/resume with title "Resume-Editor" at email@example.com, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. However, he cannot refuse to follow the order. Since it deprives the other party of ownership of the property before the announcement of final judgment, it should only be used to prevent obvious errors or harm. In certain situations where the defendant can use the property involved in the dispute in such a way that the situation becomes irreparable, these temporary reliefs should be granted by the court. There should be a prima facie case in favour of the party who is seeking the interim order. In T.V.  C.K. The main object behind appointing a receiver is to preserve, protect, and manage the property of the suit and safeguard the interests of both litigants involved in litigation, in the course of the pendency of the litigation. Under Order 39 Rules 1 and 2 CPC, deciding applications on merits after hearing the parties in such cases is a rare phenomenon. Since the dispute was unresolvable by mere discussion or meeting so party A filed the case in the court. It will constitute important evidence and cannot be rejected unless there are sufficient grounds to do so.  If one party admits that he holds the money as a trustee for another party, then the court can order him to deposit the money in the court.. This belongs to me” A dispute was going on between two persons. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. These temporary orders are required because it was felt by legislature that sometimes a court is required to grant such relief or pass such order as may be necessary to be passed.  On the other hand, if the plaintiff accepts the payment as a satisfactory amount in part of his claim, he has the right to file a lawsuit to recover the balance. If the land involved in the suit is liable to pay the government revenue, and the party that owns the land neglects to pay the income, any other party in the litigation claiming an interest in the land can immediately pay for the property and get possession of that property after paying the income. “This belongs to me” “No! A court may also pass an interlocutory order of injunction which means a prohibition or restriction which is temporary, resisting a party to suit from doing certain acts or is directed to do certain acts. The court may pass an interim order for his arrest at any time even before the service of summons or after the institution of suit, or before the pronouncement of judgement and passing of decree. Interlocutory order only settles intervening matter relating to the cause. While granting injunctions, there should not be any fixed rule or concept, but granting should be based on the facts and circumstances pertaining to each case (the relief should remain flexible).  So, various other conditions have also been laid down which courts can weigh while deciding petitions demanding grant of interim relief-. The scope of compensation should be sufficient as a remedy.  Goutiers v. Roberts, (1870) 13 Suth WR 278,  Seth Chand Mull v. Purushottamdoss, AIR 1926 Mad 584; Probode Chunder v. M. Dowey, ILR (1887) 14 Cal 695; Vareed Jacob v. Sosamma Greevarghese, AIR 2004 SC 3992; V. Balakrishnan v. J.M. It is pointed out in Order XXV Rule 1 that the court can order the plaintiff to provide... 3. In the said suit, an interim order was passed in the application under Order XXXIX Rules 1 and 2 CPC on 15th February, 1994 to the following effect:-"4. Such interim or interlocutory orders are of temporary nature. , Is about to remove or dispose of the whole or any part of his property. Table of Contents Generally, the term “interim” refers to temporary or provisional, that is a term which denotes anything that is not final. The power of the court to issue commissions can be exercised by the court on its discretion. Order XXXIX Rule 3A, CPC states that once an ex-parte injunction is granted by authority then in such scenario, trial court must endeavour to expeditiously dispose of the injunction application and the period for the same as provided by the statute is 30 days. of India Ltd. v. United Industrial Bank Ltd, (1983) 4 SCC 625. Appointment of a receiver is a protective relief and the purpose is to preserve the disputed property before the determination of the rights of the litigants by the judiciary. Another case of interim order involves an appointment of receiver for the purpose of protection of property in dispute. One should consider whether the plaintiff will or will not suffer irreparable losses and injuries if the injunction will be refused, keeping in mind the strength of the litigants. On the one hand, if the interim order is rejected, will the petition itself become fruitless and on the other hand, if the interim order is granted, then the other party may suffer huge losses and hardships, considering that the losses suffered by the affected party, in this case, are irreparable. Application to Court whose complained of. We are team members of Law Times Journal. Maneka Gandhi vs Union Of India – Case Summary. Similarly, when the land in the suit is liable to Government revenue or is tenure liable to the sale and the party in possession neglects to … THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 561 (8ed. ORDER XLV of CIVIL PROCEDURE CODE (CPC) – APPEALS TO THE SUPREME COURT 1. Basically receiver is an impartial person who is appointed for the purposing of preserving the suit property until the suit is finally disposed. Who is a Refugee? Such property must be subject matter of the suit or must have been attached before judgement in such suit. What is its scope as well as its effects? THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 554 (8ed. The court may pass interim orders in form of commissions and letter of requests which are also called incidental proceedings, arrest and attachment before judgement, temporary injunctions, interim sale of movable property, detention, preservation, inspection of suit property, putting a party in immediate possession of land or tenure, deposit of money in court, appointment of Receiver, deposit of claim amount by defendant and security for costs.eval(ez_write_tag([[580,400],'lawtimesjournal_in-medrectangle-3','ezslot_3',111,'0','0'])); Issuance of commissions is an incidental proceeding which may be exercised by the court either on application of the party or on its own motion. , The court cannot order the attachment or production of any agricultural products owned by agriculturists.. II. Injunctions will be preventive if they prevent, prohibit or restrict someone from doing something; or mandatory when they force or order someone to do something. Such interim or interlocutory orders are of temporary nature. In fact, any party to suit may make apply to the court for detention, preservation or inspection of any property, whereby the court may make such orders relating to property which is the subject matter of the suit.  While the court may order attachment before judgement to check any attempt of the defendant to defeat the realization of decree likely to be passed against him so that his property may be attached before the service of summons, institution of suit or before judgement and decree..  Supplementarily, according to Section 2 (14) of the Civil Procedure Code, 1908 the word “order” refers to the formal expression of any decision (not a decree) of a civil court.  If any party to the suit admits that he holds such money or other thing as a trustee for another party, the court may make an interim order of depositing such money in the court.. Therefore, an order of temporary injunction maintains a status quo at the time of institution of suit in respect of disputed property s as to avoid any change in its position till the final adjudication. “Decree” defined. to make local investigation (Rules 9 and 10); to perform a ministerial act (Rule 10-B); or. Interim Order under CPC 1. The party, against whom the order is passed, can take appropriate measures to withdraw or revoke interim order if it believes that the order does not comply with the law. The court in the exercise of sound judicial discretion can grant or refuse to grant interim relief.  Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Your email address will not be published. 1: Issue 5 – BNWJ-1120-001, The Contours of a National Health System in the India, Legal Age for Drinking under different States of India. The court before passing such an order should ensure that if this order will not be passed then there is a real danger of losing the defendant and his property as the defendant can remove them from the jurisdiction of the court. Watch Queue Queue. (2005) 5 SCC 61,  Colgate Palmolive (India) Ltd. What are the laws that govern Refugees in India? Rule 7 empowers courts to authorize any person to enter into any land or building owned by any party for sampling, observation, or experimentation for detention, preservation, or inspection of the property which is the subject matter of the suit. The meaning of this maxim is that “any act of the court should not be biased to anyone.”. Whether the grant or rejection of an injunction will adversely affect the interest of the public which can or cannot be compensated. Except this, excuses are used to seek adjournments once a party gets ex parte injunction.  The court can also order all or any part of the property to be directly and conditionally attached. Dyechem Ltd. It is generally issued by the Court to ensure Status quo. The main purpose of attachment before the judgment is to prevent the defendant from attempting to undermine, execution of the decree against him. As observed in … A receiver will not be allotted lest the plaintiff’s prima facie evidence proves that he is likely to succeed in the lawsuit. to examine witnesses (Sections 76-78; Order 26 Rules 1-83). Any party to the suit may apply for this order by presentation of an application against another. This video is unavailable. An injunction is a remedy issued to a person in the form of a court order that prohibits the person from engaging in or continuing to perform a specific act or ordering him to perform a certain act. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. The plaintiff’s lawsuit must be in good faith, and the cause of the lawsuit must be ostensibly irrefutable, but the premise is that he must prove the accusation in the plaint, the court must have reason to believe that unless this extraordinary power is exercised there is a real danger that the defendant will remove himself or his property from the scope of the court’s power. Order 37, Rule 1 Civil Procedure Code and by an order dated 28. Firstly, if the plaintiff claims that it is not the full amount, a suit for balance amount may be instituted or otherwise if the court is satisfied, it is a full claim, the court shall order plaintiff to pay the costs.  The main purpose of granting interim relief is to retain the disputed property until the court determines the legal rights and conflicting requirements of the parties. Likewise, Party B was declaring that the property had been sold to him by the father of Mr A so he has ownership of that property and he will not stop construction activities. The court establishes complete justice between the parties. Section 94 (c) and(e) of Code of Civil Procedure contain provisions under which the Court may in order toprevent the ends of justice from being defeated, grant a temporary injunction or make suchother interlocutory order as may appear to the Court to be just and convenient.  Cotton Corpn. Party A was asking Party B to abandon the premises and stop construction activities because that property is their ancestral property and after the death of their father it should belong to them. This article has discussed in detail interim orders, various important questions relating to interim orders have been answered in this article for example, what are interim orders, types of the interim order, when courts can pass interim orders, what will happen if interim order will not be complied by the person against whom it is passed and what is the scope of interim orders under CPC. Therefore, to ensure that none of the … INTRODUCTION. THAKKER & M.C. The word “interim” according to the dictionary means “for the time being”, “in the meantime”, “meanwhile”, “temporary”, “provisional’, “not final”, “intervening”. Rule 8 requires courts, before making such an order, to notify the other party, unless it appears that the purpose of making such an order will be defeated due to delay. The court is required to make sure that the party approaching court for the appointment of the receiver should come with no malafide intentions. The court can issue an arrest warrant against the defendant, arrest the defendant, and bring him to the court to show the reason why he should not provide a guarantee for his appearance in court. , A court may also make an interim decree in case where a party owes something to adverse such as land revenue to government or rent due to the proprietor, etc, and hence can put the party who has an immediate interest in such land or tenure, etc by passing an order of putting the party in immediate possession of that land or tenure. In this Order, unless there is something repugnant in the subject or context, the expression “decree” shall include a final order. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. The term interim order refers to an order issued by a court during the pendency of the litigation. The court may award in the decree the amount so paid and interest on it to be paid against the defaulter. has disposed of or removed its property or any part of its property from the local restrictions of the court’s jurisdiction, When there is a reasonable possibility that the defendant will leave India and obstruct or delay the enforcement of any decree passed against the defendant by the court and hinders the interest of the plaintiff.  Raman Tech. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgment. AIR 2006 SC 3275,  S.M. Amendment in the Arbitration and Conciliation Act, Impact Of Covid-19 on residential housing & commercial properties in the light of the work from home culture. 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