Lecture on
INTERIM ORDER
Contents:
•Conceptual understanding:
•Considering conditions:
•List of instances of Interim order:
Conceptual understanding:
The term interim order refers to an order issued by a court during the
pendency of the litigation. It is generally issued by the Court to ensure
Status quo. The rationale for such orders to be issued by the Courts is best
explained by the Latin legal maxim "Actus curiae neminem gravabit" which,
translated to English, stands for "an act of the court shall prejudice no one".
Therefore, to ensure that none of the interests of the parties to the litigation
are harmed, the court may issue an interim order.
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Considering conditions:
Considering conditions:
Interim orders may be passed by civil courts in matters before them. Such orders
can be passed in terms of Section 151 of the Civil Procedure Code of 1908,
which recognises and retains some inherent powers with the civil courts. An
interim order may be passed by the court only if the following conditions are
satisfied;
Where there is a prima facie case in favour of the party seeking the order,
Irreparable damage may be caused to the party if the order is not passed and
such damage may not be ascertained in terms or money and payable as
damages, and
Where the balance of convenience lies with the party requesting for the order.
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List of instances of Interim order:
List of instances of Interim order:
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.
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Issuance of commissions
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. Commissions may be issued by the court for the purposes ranging
from examining any person, or to make a local investigation, to examine
or adjust accounts, to make a partition, to hold a scientific, technical, or
expert investigation, to conduct sale of property which is subject to speedy
and natural decay and which is the custody of the court pending the
determination of suit and lastly to perform ministerial act.
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Arrest of defendant
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.
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Attachment before judgment
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.[3]
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Order of injunction
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. It is done so, because the subject matter of suit must be
protected until the judgement is passed. 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.
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sale of movable property
sale of movable property may also be made by court, though being
called interim but having permanent effects. Such property must be
subject matter of the suit or must have been attached before judgement in
such suit.
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appointment of receiver
interim order involves an appointment of receiver for the purpose of
protection of property in dispute. Basically receiver is an impartial person
who is appointed for the purposing of preserving the suit property until the
suit is finally disposed. It is to be kept in mind that being a representative
of a court, a receiver is empowered to collect and receive all the rents and
profits of the property during the pendency of proceedings.
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Q&A
Thank You
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