INTERIM ORDER

Meaning Interim orders are non-permanent orders and are temporary in

Ritwik Verma

Aug 21, 2021 • 6 min read

Meaning

Interim orders are non-permanent orders and are temporary in nature and which is passed by the court for a temporary time. They are usually made when there’s an urgent issue that needs action while the court process goes on. One may need orders to deal with an issue while the court process is underway. For example, one may need orders regarding who pays the mortgage. Interim orders remain effected place until the final order is pronounced or unless the court dismisses or stays the effect of the interim order.^[1]

Definition

A temporary court order is intended to be of limited duration, usually just until the court has had an opportunity of hearing the full case and making a final order.^[2] It is a temporary order of the court pending a hearing, trial, a final order, or while awaiting an act by one of the parties.^[3]

Usage

Issuance of commissions^[4] is an incidental proceeding that may be exercised by the court either on the application of the party or on its own motion. Commissions could also be issued by the court for the needs starting from examining a person, or to form an area investigation, to look at or adjust accounts, to form a partition, to carry a scientific, technical, or expert investigation, to conduct the sale of property which is subject to speedy and natural decay and which is that the custody of the court pending the determination of suit and lastly to perform the ministerial act. it’s to be kept in mind that no other purpose could also be spell-out from the interpretation of this act, thus, it’s restrictive in nature.

Wherein the court is satisfied that the defendant goes to try to any such act which incorporates absconding, delaying the suit, avoiding any process of the suit, etc, or likely to form any plan to defeat the execution of the decree, then the plaintiff may make an application for the arrest of the defendant. The court may pass an interim order for his/her arrest at any time prior to the summoning of the service or after the institution of a suit, or prior to the pronouncement of judgement & passing of the decree.[5] Whereas the court may order attachment before judgement to verify any attempt of the defendant to defeat the realization of decree likely to be pronounced against him so that his property may be attached before the service of summons, an institution of the suit or before judgement & decree.^[6]

A court may even pass an interlocutory order of injunction which states that a prohibition or restriction which is temporary, resisting a party to a suit from doing some act or is directed to do some act because the subject matter of suit must be protected before the judgement is pronounced. Thus, an order of temporary injunction^[7] maintains a status quo at the time of institution of a suit in regard to the disputed property so as to avoid any change in its position till the final adjudication.

In order to the sale of movable property may also be made by the court, even after being called interim but having lifelong effects. Such property must be the subject matter of the suit or must have been attached before judgement in such a suit. Any party to the suit may apply for this order by a presentation of an application against another.^[8]In fact, any party to suit may apply to the court for detention, preservation or inspection of any property, where the court can make such orders in relation to property which is the subject matter of the suit.^[9]

A court can even make an interim decree in a case where a party owes something adverse and thus can put the party who has an immediate interest in such land or tenure, etc by passing an order of providing the party with the immediate possession of that land or tenure.^[10] If any party to the suit admits that he holds such money or other things as a trustee for another party, the court may make an interim order of depositing such money in the court.^[11]

A similar case of interim order included an appointment of a receiver for the purpose of protection of the disputed property. Basically, a receiver is an impartial person who is appointed for the purpose of preserving the suit property until the suit is finally disposed of. It is to be minded that being a representative of a court, a receiver is authorized to collect & receive all the rents & profits of the property midst the pendency of proceedings.

Another interlocutory order has an effect if compiled duly, of disposing of the suit. The deposit of claim amt. by the defendant.[12] If the defendant after giving notice, deposits in court, such sum of money as he considers a fulfilment of the entire claim, such shall have 2 effects. First, if the plaintiff claims that it is not the full amount, a suit for the rest of the amount may be instituted or if the court is satisfied, it is a full claim, the court shall order the plaintiff to pay the costs. Secondly, if the plaintiff accepts the amount deposited by the defendant that satisfies his claim, the court shall pronounce a judgment accordingly followed by a decree.

At last, an interim order may also be passed by the court to protect the interests of the defendant. Such orders of security for costs^[13] 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.^[14]

Essential elements

An interim order is given on the grounds of prima facie observance, which are tentative. Such order is passed as a temporary arrangement to safeguard the status quo until the issue is decided, to ensure that the matter does not become infructuous before the final hearing. The aim of the interlocutory injunction is, to safeguard the plaintiff against injury by violation of his right for which he could not be compensated in damages recoverable if the uncertainty were resolved in his favour during the trial.^[15]

One can apply for interim orders:

At the same time as one applies for final orders
At any time during the court process.
At the same time as final orders
One can apply for interim orders at the same time as he/she applies for final orders, by requesting them in your Initiating Application (Form 1).
For urgent cases, one should write a letter to the Court explaining the urgency and request an earlier date.
Amid the court process, once an initial application is filed, either of the parties can apply for interim orders.

To apply for interim orders, one needs to file:

An Application in a Case, and
An affidavit supporting the interim order.

When the judicial officer makes a decision on your interim order application, one can usually only discuss the evidence that is in his/her affidavit. Make sure the affidavit includes all the evidence that needs to be explained why the Court should make the interim orders. For interim parenting orders, one should state that why the interim orders are in the favour of the child. For financial cases, the orders should be just and equitable.

Essential elements of Interim Order

After one file an application for interim orders, the Court will set a date for a hearing to consider your application. When observing whether to make an interim order, the Court can consider:

The best interests of the party.
whether there are reasonable grounds for making the orders
whether the orders are necessary for reasons of hardship.
whether the parties could benefit from participating in dispute resolution.
If a party has not attended the hearing of an interim order, the other party can give evidence & the Court can pass the interim orders.^[16]

Origin

Interim Orders can be passed under the Specific Relief Act as approved by the Parliament of India in 1963 or in terms of Section-151 of the Civil Procedure Code of 1908, which considers & upheld some inherent powers with the civil courts.

[1] https://www.familycourt.wa.gov.au/I/interim_orders_print.aspx

[2] http://www.duhaime.org/LegalDictionary/I/InterimOrder.aspx

[3] https://legal-dictionary.thefreedictionary.com/interim+order

[4] Section 75-78, Order XXVI, Code of Civil Procedure, 1908.

[5] Order XXXVIII Rule 1 to 4, Code of Civil Procedure, 1908.

[6] Order XXXVIII Rule 5, 7,9, 11-A and 12, Code of Civil Procedure, 1908.

[7] Order XXXIX, Section 95, Code of Civil Procedure, 1908.

[8] Order XXXIX, Rule 6 and 8, Code of Civil Procedure, 1908.

[9] Order XXXIX, Rule 7 and 8, Code of Civil Procedure, 1908.

[10] Order XXXIX, Rule 9, Code of Civil Procedure, 1908.

[11] Order XXXIX, Rule 10, Code of Civil Procedure, 1908.

[12] Order XXIV, Code of Civil Procedure, 1908.