By Adv. Rishabh Kumar
Published on: December 26 2023 at 12:27 IST
Interim orders are temporary in nature and only provide immediate relief. It is intended to address immediate concerns, maintain the status quo, or prevent irreparable harm until a final judgment can be rendered. These reliefs are designed to address urgent situations and ensure that justice is done while the case is ongoing.
Interim orders, hold a provisional nature, indicating a state of affairs that is not final. These orders are pronounced during the pendency of legal proceedings, addressing matters that are not conclusively determined. They serve to protect the subject matter under dispute and facilitate the parties involved.
The court’s inherent powers, under Section 151 of the Civil Procedure Code, are invoked to ensure the administration of justice and prevent the misuse of legal processes. The Court’s authority to issue interim orders reflects its commitment to justice.
Interim order provisions are found in various legal instruments, including Court Payment, Security of Costs, Commissions, Judgement preceded by Arrest, Attachment before a judgement, and notably, Injunction under Order 39 of the Civil Procedure Code.
In this article we aim to comprehensively discuss the nature, need and kinds of interim orders that are granted by Court.
Need of interim Relief Orders
Interim relief orders serve a crucial role in the legal system, providing temporary remedies during the pendency of legal proceedings.
Their significance lies in the preservation of rights, ensuring that the status quo is maintained until a final judgment is rendered, thereby preventing any party from taking actions that could adversely affect the subject matter under dispute.
Nature of Interim Order
Temporary Nature: Interim orders are inherently temporary. They are provisional measures meant to address the immediate needs or concerns of the parties during the course of legal proceedings. Once a final judgment is reached, the interim order ceases to have effect.
Interlocutory in Nature: Interim orders are often referred to as interlocutory orders. An interlocutory order is a provisional or temporary order made by the court during the progress of a case but before a final judgment is pronounced. It does not finally dispose of the case but rather deals with specific issues or matters that require immediate attention.
Interim Injunction
The Specific Relief Act and the Civil Procedure Code play Crucial roles in the legal framework, particularly concerning injunctions. Sections 36-42 of the Specific Relief Act provide a comprehensive framework for understanding the various types of injunctions available, encompassing both temporary and perpetual injunctions. The grant of an injunction under this legal provision is subject to three critical tests:
- Prima Facie Case: The plaintiff must present a strong and clear case that indicates a valid legal right that requires protection through an injunction.
- Balance of Convenience: The court considers the overall convenience of all parties involved, giving preference to the party seeking the injunction. This involves assessing the comparative hardships that each party would face if the injunction is granted or denied.
- Likelihood of Severe Injury: The court evaluates the potential harm that the plaintiff might suffer if the injunction is not granted. The severity of the injury becomes a crucial factor in determining the necessity of the injunction.
Ad-Interim Injunctions, whether granted ex-parte (without hearing the defendant) or when the defendant is not fully heard, serve to provide immediate relief in situations where significant damage is anticipated.
These temporary orders uphold the principle of “uberimae fidei,” emphasizing the utmost good faith or good faith on the part of the party seeking the injunction. The primary purpose of Ad-Interim Injunctions is to maintain the status quo, preventing any irreversible harm until a full hearing can take place.
Within the framework of the Civil Procedure Code, Sections 94 (c) and 151 confer powers upon the court to grant temporary injunctions for compliance with any order. Injunctions, whether temporary or perpetual, play a crucial role in preserving the status quo of disputed property.
This preservation is essential until the court can thoroughly examine and adjudicate on the claims and rights involved in a legal dispute. In essence, injunctions act as a protective legal remedy, preventing any immediate harm or alteration of the existing state of affairs until the court reaches a final decision on the matter.
Interim order provisions are found in various legal instruments, including Court Payment, Security of Costs, Commissions, Judgement preceded by Arrest, Attachment before a judgement, and notably, Injunction under Order 39 of the Civil Procedure Code.
Comparative Analysis: Temporary Injunctions vs. Interim Orders
| Aspect | Temporary Injunctions | Interim Orders |
|---|---|---|
| Purpose | To maintain status quo, prevent irreparable harm. | Various purposes, including preservation of property, collection of evidence, etc. |
| Governing Provisions | Order 39, Rules 1 and 2, Section 94(c), Section 151 of the CPC. | Section 94, Order 39 of the CPC. |
| Duration | Until a specific time or until further orders. | Until a specific time or until further orders. |
| Grounds | Prima facie case, irreparable harm, balance of convenience. | Depends on the type of interim order sought. |
| Revocation | Order 39, Rule 4. | By subsequent order of the court. |
Types of interim order
- Attachment before judgment: Securing assets before a final judgment.
- Appointment of a receiver: Designating a neutral party to manage disputed property.
- Commission to examine witnesses: Authorizing the examination of witnesses before trial.
- Interim custody, visitation rights, and maintenance in matrimonial disputes: Addressing family law matters during litigation.
- Stay orders: Temporarily halting legal proceeding.
Types of Temporary Injunctions
- Prohibitory Injunction: Prevents a party from performing a specific act.
- Mandatory Injunction: Compels a party to perform a specific act.
- Quia Timet Injunction: Granted when damage is expected but hasn’t occurred.
- Status Quo Injunction: Prevents a party from changing the existing condition.
Powers of Court under Order 39
The Court may:
- Grant an injunction to restrain an act.
- Require the performance of a specific act.
- Set aside a contract or disposition obtained by fraud or coercion.
- Order detention, preservation, or inspection of the property.
- Grant an injunction to third parties.
- Order interim sale of perishable goods.
Procedure for securing Interim order
The process for obtaining interim orders involves the following steps:
- Filing of Application: The applicant submits an application specifying the relief sought.
- Notice to the Other Party: Unless urgency dictates otherwise, the other party is notified.
- Affidavit: The application is supported by an affidavit detailing the grounds.
- Hearing: The court conducts a hearing to consider the merits of the application.
- Order: The court may either grant or reject the interim relief sought.
Difference Between stay and injunction
Differentiating between stay and injunction, the former involves the temporary suspension of judicial proceedings, while the latter restrains a person from a specific action. The principles governing injunctions are rooted in preventing harm, managing conflicting interests, and maintaining equitable remedies.
Conclusion
In the realm of legal remedies, be it ad-interim injunctions or the various types of interim orders, it unfolds a spectrum of possibilities for both the seekers of justice and the guardians of the law. The need for such relief orders is underscored by their role in preserving rights, preventing irreparable harm, and ensuring a fair playing field until the conclusive judgment echoes.
The powers conferred upon the court under Section 151 of the CPC reflect a commitment to the administration of justice and the prevention of any misuse of legal processes. The Court’s role as a guardian of justice becomes critical as to ensure to issue orders that serve the twin objectives of immediate relief and preservation of rights.
In essence, interim orders stand as guardians of equilibrium in the legal sphere, ensuring that the wheels of justice turn steadily, providing respite to the aggrieved, and upholding the sanctity of legal proceedings.
