12 O. It should be as the formal expression of any decision. 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[17]. It could be said that interim orders play a very vital role in smoothly conducting litigation proceedings as they help in dealing and protecting the rights of the litigants in the period between the commencement of proceedings and pronouncement of final judgment. In the language of the law, this order is known as an interim order. Required fields are marked *. 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. “Appeal under Section 96 CPC against the order of the Court of the IV Addl. 1 R. 1 O. THAKKER & M.C. 13. If the court does not accept the prayer of the temporary injunction, will the plaintiff suffer irreparable harm? 16 O. Such interim orders may be summarized thus: Commissions : Order 26; Arrest before judgement : Order 38; Attachment before judgement : Order 38; Temporary injunction : Order 39; Interlocutory orders : order 39; Receiver : Order 40; Security for Costs : Order 25; Payment in court : Order 24 Author: Meenakshi Raj. The main motive of passing an interim order is to safeguard the plaintiff from irrecoverable losses. The main purpose of this order is to prevent the defendant from making any attempt to defeat or escape from any liability imposed by the court on him and protect the interest of the plaintiff. [14], The limitations given under section 79 and order 26 concerning the issuance of the commission did not apply to the Supreme Court and High Court in the exercise of their constitutional powers.[15]. [25], The court cannot order the attachment or production of any agricultural products owned by agriculturists.[26]. Vs. Nirmala Devi and ors., Civil Appeal No.49/2011 has held that: “the Court should be extremely careful and cautious in granting ex parte ad interim injunctions or stay orders. To take steps to bring on record the LRs. Ans. 11 O. They are currently interning with LatestLaws.com. 6 O. Initial/Temporary orders. Examples of IO: Application of commissioner to … Enshrined in the Code of Civil Procedure (CPC), Section 148A introduces the right of an individual to avoid Read more…. “Where even the Court exercising power under Section 9 of The Act has to be guided by the principles of the CPC then a fortiori an interim order by a Tribunal requiring furnishing of security for the monetary amount of claim by one party had to satisfy the requirement of Order XXXVIII Rule 5 CPC.” [14] 6 R. 18 O. A person can be appointed as a guardian under order 32, rule 4 of CPC (a) On his oral consent (b) On his consent in writing (c) Either (a) or (b) (d) Neither (a) nor (b) A next friend or guardian under order 32 , rule 7 of CPC (a) Can enter into an agreement without the leave of the court but cannot compromise a suit 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. 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 pay the revenue or rent, … Commissioner can only have an examination or interrogation of the witness by the as directed by the court, the commissioner is restricted to certain powers which are prescribed under Order XXVI Rule 16 of CPC, 1908. This appeal coming on for orders under Rule 64 of the Appellate Side Rules of the High Court on the failure of the Appellant herein. Can court issue the commission on any case which is not mention in section 75 of the CPC? [1] C.K. Detention Preservation , Inspection, etc of subject matter of suit; The court may order for: etention, preservation or inspection of property or documents. 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. On the other hand, a temporary injunction restricts the parties temporarily from not performing specified actions and can only be approved before the litigation or until a further court order is dealt with.[28]. Generally, in situations that may cause the defendant to suffer irreparable losses, if there is a receiver order that will deprive the defendant of the defendant’s de facto property, then the court may not pass an order to appoint a receiver. AIR 2004 SC 1975, this Court considered a case where the courts below had refused the grant of interim relief. Any party to the suit may apply for this order by presentation of an application against another. Where in any suit it is proved by affidavit or otherwise-. Vs. Nirmala Devi and ors., Civil Appeal No.49/2011 has held that: “the Court should be extremely careful and cautious in granting ex parte ad interim injunctions or stay orders. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved. Section 75 to 78 of the CPC deals with the power of the court to issue a commission, which has been further detailed in Order 26 of the Code. Co. v. Solanki Traders, (2008) 2 SCC 302. by OurLegalWorld - 08:50 0 Comments In the court of senior civil judge :Rohini courts : delhi 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. Your email address will not be published. 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. THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 561 (8ed. An order of stay under Section 10 does not take away the power of the court to pass interim orders. What is the meaning of “Interlocutory Orders”? The legal maxim “Actus curiae neminem gravabit” best explains the reason why the court passes such orders. Decree Under CPC: Meaning, Types, Amendment & Differences . The court can exercise this right at the request of the parties involved in the litigation or by a suo moto action. It is at the discretion of the court to appoint a receiver. 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. However, if the defendant pays to the officer (executing the warrant) the amount specified in the bond sufficient to satisfy the plaintiff’s claim, he shall not be arrested. Detention Preservation , Inspection, etc of subject matter of suit; The court may order for: etention, preservation or inspection of property or documents. 6A O. Similar to arrest before judgment, the court in certain conditions may order attachment before judgment. [16] So, the court should always look at Rule 1 before passing any order requiring the arrest of the defendant before judgment. So, interim orders are passed by the court but these orders are passed only on the basis of the primary findings if prima facie court feels that an interim order should be passed then a court can pass it but one should not forget that these orders are tentative.[2]. 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Cadbury (India) Ltd., AIR 2000 SC 2114, [5] Bombay Dyeing & Manufacturing Co. Ltd. vs. Bombay Environmental Action Group & Ors. 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. Cases in which temporary injunction may be granted. 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. Whether the grant or rejection of an injunction will adversely affect the interest of the public which can or cannot be compensated. In handling these applications, the court should not ignore that one party has stronger factum strength of the case than the other party. 2017), [2] Anand Prasad Agarwalla vs. Tarkeshwar Prasad & Ors. Therefore, an order of temporary injunction[4] 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. Dyechem Ltd. 1 R. 10 O. 1 R. 9 O. 5 O. Basically, the meaning of interim is something which is temporary or for the time being. The word “interim” according to the dictionary means “for the time being”, “in the meantime”, “meanwhile”, “temporary”, “provisional’, “not final”, “intervening”. It is pointed out in Order XXV Rule 1 that the court can order the plaintiff to provide security at any stage of the litigation to pay the costs incurred by the defendant. Rule 1 laid down-, Where, at any stage of the litigation, an affidavit or other means is used to satisfy the court that-, An order to arrest the defendant before judgment cannot be obtained in, There are two conditions about which court should be satisfied before passing this order-. Section 96 to 112 and orders 41 to 45 First Appeal: Section 96 to 99A, 107 and Order 41 Second Appeal: Sections 100-103,107,108 and order 42 Appeals from orders: Section 104-108 and order 43. The nature of the order essentially depends on the direction issued by the Court. Interim injunction and appointment of the receiver, Any other measure which the court will find just and convenient. If no one has the right of enjoyment of the property and it is also proved with the help of adequate pieces of evidence then it will be in the common interest of all the litigants to appoint a receiver. In short there is no bar or time-limit for vacating interim orders but it observed that the object of granting the injunction would be defeated by the delay. 3 during pendency of Regular Civil Suit No. THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 554 (8ed. (2005) 5 SCC 61, [6] Colgate Palmolive (India) Ltd. If the receiver fails to give in to the account or is unable to pay the outstanding amount, or due to deliberate breach of contract or negligence caused damage to the goods then the court may instruct the seizure and sale of any of his property, and make up any money due to him. 9 O. [35] 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.[36]. The court in Deoraj vs. State of Maharashtra & Ors[7] has said that, only when it is satisfied that the withholding of interim order will prick the court’s conscience and violently violate judicial justice, causing injustices to persist throughout the hearing, and the court will not be able to maintain justice, the court can grant such temporary relief. Such orders of security for costs[10] 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.eval(ez_write_tag([[300,250],'lawtimesjournal_in-box-4','ezslot_10',113,'0','0'])); [3] Order XXXVIII Rule 5, 7,9, 11-A and 12. However, the court should make this order in the following circumstances: The purpose of this rule is to provide protection to defendants in some instances, where if the case became successful from the side of the defendant, they may have difficulty in realizing their costs from the plaintiff.[13]. The court establishes complete justice between the parties. PLD 1984 KAR 127 (SUIT FOR DAMEGES) O-37 (scope) Suit for damages outside the purview of order 37 CPC. [3] Three basic principles have been laid down by courts based on which interim orders can be granted viz. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. [24] The court can also order all or any part of the property to be directly and conditionally attached. provides for interim measures under Sections 91 and 172 by courts and arbitral tribunals respectively. Vs. Rasaranjan & Ors. [34] Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Your email address will not be published. Introduction: A commission is a fulfilled organization of people who look after the essentials of a Court’s provisions in order to make sure there is justice served to the concerned  Under the Code of Civil Read more…, Introduction: Before the withdrawal and adjustment of suits, we should know that what is suits. 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. Rule 2: It provides that an interim injunction may be granted for restraining the defendant from committing a breach of contract or other injury of any kind to the plaintiff. The Code of Civil Procedure came into effect on 1 January 1909. Vs. Hindustan Lever Ltd., AIR 1999 SC 3105, [8] Surya Vadanan v. State of T.N. Or, Remove all or any part of its property from the local restrictions of the court’s jurisdiction[22]; the court may instruct the defendant within a time determined by the court to provide a bond of the amount specified in the order and sufficient to satisfy the decree and ask the defendant to appear and show the reason why it should not provide a guarantee. Therefore, interlocutory or interim orders may be defined as those orders which are passed by the court during pendency of the suits. 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. Unlike Model Law, Section 9 provides for interim measures of protection not just before the commencement & Process Engg. 1992 CLC 1913 KAR at 1915-A. 6 R. 17 O. 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. Therefore, an order of temporary injunction[4] 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.eval(ez_write_tag([[728,90],'lawtimesjournal_in-medrectangle-4','ezslot_8',112,'0','0'])); An order to sale of movable property may also be made by court, though being called interim but having permanent effects. What is a decree? 2 O. This order has been passed to protect parties from any irreparable loss till the final judgment will be passed by the court. 1 : Issue 1 – BNWJ-0720-015, Jurispedia – Vol. 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. Rules 6 to 10 of Order 39 mention certain interlocutory orders, which include the court’s power to order the interim sale of movable property, to order the detention, preservation or inspection of any property which is the subject-matter of such suit. The main purpose of attachment before the judgment is to prevent the defendant from attempting to undermine, execution of the decree against him. 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. 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. In fact, the said Rule is the repository of the power to grant orders of temporary injunction with or without notice, interim or temporary, or till further orders or till the disposal of the suit. [1] 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. [18], any land or immovable property suit as specified in Article 16 (a) to (d) of the Code, or[19], to convert unsecured debt into secured debt to ensure easy enforcement of laws[20].