Question: Discuss can an interim order be issued? If so, when?  Find the answer to the mains question only on Legal Bites. [Discuss can an interim order be issued? If so, when?] Answer According to the dictionary meaning, “interim” means “for the time being“, “in the meantime”, “meanwhile“, “temporary“, “provisional” “not final“, “intervening“. The word “interim” when used… Read More »

Question: Discuss can an interim order be issued? If so, when? Find the answer to the mains question only on Legal Bites. [Discuss can an interim order be issued? If so, when?] Answer According to the dictionary meaning, “interim” means “for the time being“, “in the meantime”, “meanwhile“, “temporary“, “provisional” “not final“, “intervening“. The word “interim” when used as a noun...

Question: Discuss can an interim order be issued? If so, when?

Find the answer to the mains question only on Legal Bites. [Discuss can an interim order be issued? If so, when?]

Answer

According to the dictionary meaning, “interim” meansfor the time being“, “in the meantime”, “meanwhile“, “temporary“, “provisional” “not final“, “intervening“. The word “interim” when used as a noun means “intervening” and when used as an adjective, it means “temporary” or “provisional“.

Thus, interim or interlocutory orders are those orders passed by a court during the pendency of a suit or proceeding which do not determine finally the substantive rights and liabilities of the parties in respect of the subject matter of the suit or proceeding.

Interlocutory” means, not that which decides the cause, but that which only settles some intervening matter relating to the cause, a decree, or judgment given provisionally during the course of legal action.

After the suit is instituted by the plaintiff and before it is finally disposed of, the court may make interlocutory orders as may appear to the court to be just and convenient. They are made in order to assist the parties to the suit in the prosecution of their case or for the purpose of protection of the subject matter of the suit.

Courts are constituted for the purpose of doing justice and must be deemed to possess all such powers as may be necessary to do the right and undo the wrong in the course of administration of justice.

Interim orders are necessary to deal with and protect the rights of the parties in the interval between the commencement of the proceedings and final adjudication. They enable the court to grant such relief or to pass such order as may be necessary, just, or equitable. They also prevent any abuse of process during the pendency of proceedings.

Hence, interim or interlocutory proceedings play a crucial role in the conduct of litigation between parties.

Such interim orders under CPC may be summarised thus

  1. Payment in Court: Order 24
  2. Security for Costs: Order 25
  3. Commissions: Order 26
  4. Arrest before Judgment: Order 38
  5. Attachment before Judgment: Order 38
  6. Temporary Injunctions: Order 39
  7. Interlocutory Orders: Order 39
  8. Receiver: Order 40

Important Mains Questions Series for Judiciary, APO & University Exams

  1. CPC Mains Questions Series: Important Questions Part – I of X
  2. CPC Mains Questions Series: Important Questions Part – II of X
  3. CPC Mains Questions Series: Important Questions Part – III of X
  4. CPC Mains Questions Series: Important Questions Part – IV of X
  5. CPC Mains Questions Series: Important Questions Part – V of X
  6. CPC Mains Questions Series: Important Questions Part – VI of X
  7. CPC Mains Questions Series: Important Questions Part – VII of
  8. CPC Mains Questions Series: Important Questions Part – VIII of X
  9. CPC Mains Questions Series: Important Questions Part – IX of X
  10. CPC Mains Questions Series: Important Questions Part – X of X
Updated On 2022-02-07T05:00:31+05:30
Admin LB

Admin LB

Next Story