Introduction
Interim orders refer to temporary, provisional or interim arrangements made by the court during the pendency of legal proceedings to protect rights and interests of parties. Interim orders are intended to preserve status quo, maintain equilibrium and mitigate hardships until conclusion of the proceedings.
The Code of Civil Procedure contains several provisions empowering courts to pass interim orders at the discretion of the court. Interim orders enable interim relief in cases of urgency until final orders. Interim orders do not determine substantive or legal rights of parties, but are temporary adjustments regulating rights of parties in the interim.
Types of Interim Orders
Some important types of interim orders under CPC are:
1. Temporary Injunctions (O.39 R.1) – Court can issue temporary injunction restraining defendant from committing acts complained of until further orders. This maintains status quo regarding subject matter to prevent irreparable loss.
2. Interlocutory Mandatory Injunctions (O.39 R.2) – Mandatory injunctions issue directing defendant to carry out specified acts pending suit to undo harm or prevent irreparable damage.
3. Detention, Preservation and Inspection of Subject matter (O.39 R.2) – Court can pass orders for custody, detention, preservation or inspection of any property which is subject matter of suit to maintain status quo.
4. Appointment of Receiver (O.40 R.1) – Court may appoint Receiver of any property at issue subject to conditions during proceedings to protect assets.
5. Attachment before Judgment (O.38) – Where defendant intends to obstruct execution of decree, court may order attachment of property before judgment.
6. Temporary Ex parte Orders (O.39 R.3) – Urgent ad-interim ex-parte orders can be passed without notice to prevent damage pending admission by court.
7. Security for Keeping Property (O.39 R.4) – Defendant can be directed to furnish security for fulfilling judgment before removing attached property.
8. Directions on Disputed Possession (O.39 R.6) – Where suit property’s possession is disputed, court may pass interim order regarding custody and enjoyment till rights decided.
9. Commission for Preservation (O.39 R.7) – Local commission may be issued to assess and report measures required to protect or preserve property pendente lite.
10. Stay of Execution of Decree (O.41 R.5) – Court which passed decree may on sufficient grounds order stay of execution on terms on application by judgment debtor.
Principles for grant of interim orders
- Irreparable hardship and injury will be caused if order not granted.
- Balance of convenience lies in favour of order.
- Prima facie case exists in favour of applicant.
- Order necessary to preserve status quo or prevent damage.
Case Laws
- Dorab Cawasji Warden vs Coomi Sorab Warden, AIR 1990 SC 867
The Supreme Court observed that grant of an interim relief preserving status quo is a device to ensure that the matter does not become either infructuous or a fait accompli before the final hearing. The object is to protect party against injury by violation of rights pending trial.
- Gujarat Bottling Co. Ltd. vs Coca Cola, (1995) 5 SCC 545
The Supreme Court held that interim injunctions can be granted only if the plaintiff makes out a prima facie case, balance of convenience is in his favour and refusal would cause irreparable injury. There must be a substantial question to be tried on merits.
