Interim order means the order passed by the court during the pendency of the suit, to prevent any harm done to the interest of the parties to a suit and to protect the status of the subject matter of the suit from any damage. For example, there is dispute as to ownership of a property between A and B. A claim that the property is of his father and after the death of his father it should be transferred to him. B claims that before the death of A’s father he sold the property to me, so it is my right to construct anything on that property. So, A decides to file a suit in front of the court. In that matter the court passes an order to stop any construction on that property to prevent irreparable loss that might occur to any property. So, this order passes during the pendency of the suit is called interim order. Interim orders are passes even before the final decision of the case to prevent any harm that might occur to any party of the suit.

There are two categories of interim order that might be passes by the court in a suit or proceeding that are:

• Directive Order: The court can order any party to act in a certain way till any further action or order is passed by the court.
• Restrictive Order: Court can order restraining order against any property for prevention of any harm done to the subject matter of the case while the suit is pending. These orders are passes to prevent any harm that might happen to a party of the suit, as the other party may continue acting upon the issue of the suit.

There are different Interim orders given under The Code of Civil Procedure, they are:

1. Payment in Court (given under Order 24)
2. Security for Courts (given under Order 25)
3. Commissions (given under Order 26)
4. Arrest before Judgment (given under Order 38)
5. Attachment before Judgement (given under Order 38 Rule 5-13)
6. Temporary Injunction (given under Order 39)
7. Interlocutory Order (given under Order 39)
8. Receiver (given under Order 40)

Passing of Interim Order: The main objective of passing interim order is to prevent any irrecoverable loss that might happen to the plaintiff. So, if after taking into consideration the facts of the case the decision is given in favour of the plaintiff, the compensation granted to plaintiff will be way less than the irrecoverable loss that might happen to the plaintiff. So, interim orders are passed to prevent that from happening. So after considering the primary findings in a suit, a interim order may be passed by the court to protect the interest of the plaintiff and to prevent any harm that might happen to the plaintiff.

There is no specified formula that might suggest in which case to pass an interim order, these orders are passed after taking into consideration the facts of the case and depends on the facts and circumstances of the suit. So, there is no way a specified provision can be made to determine when an interim order must be passes and when it should not be passed. But, there are three basic principles specified by courts to take into consideration before passing Interim order, that are:

• It should be visually seen that the case is in favour of the party that is seeking an interim order in a suit or proceeding.
• The balance of convenience should be with the party requesting the passing of interim order.
• There must be situation where if the interim order is not passed the party filing for it might occur an irrecoverable loss and it would be difficult to ascertain the loss in terms of money.

Every person against whom an interim order is passed must obey it that is passed against him by the competent court. The party against whom the order is passed can take appropriate measures to revoke that order if he/she thinks that the order does not comply with the law. But he/she cannot wilfully refuse to follow the order. Charge of contempt of court can be put on the person who disobeys the order passed by the court and court can also refuse to hear his opinion in that suit in case where the person refuses to obey the court’s order.

Aishwarya Says:

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