In the Civil Procedure Code (CPC), a person can seek an interim order during the pendency of a suit by making an application to the court under specific provisions that deal with temporary relief. The aim is to preserve the status quo, prevent harm, or provide temporary relief to the party seeking it until the final decision in the case. Here’s how a person can seek an interim order:
1. Filing an Application for Interim Relief
- An application seeking an interim order must be filed along with the main suit or at any stage during the pendency of the suit.
- The application is made by the party seeking the relief (the plaintiff or the defendant, as the case may be).
- The application must be made in writing and typically includes the following:
- Facts of the case.
- The specific interim relief sought.
- Reasons why the interim order is necessary (showing urgency or the need for immediate protection).
- Supporting documents and evidence.
2. Provision for Interim Orders
The most common provisions under the CPC under which interim orders can be sought are:
- Order XXXIX (Temporary Injunctions and Interlocutory Orders):
- Rule 1: Deals with temporary injunctions (restraining a party from doing a certain act) or directing a party to do a certain act.
- Rule 2: Deals with other interlocutory orders like appointing a receiver, attaching property, etc.
- Order XXXVIII (Attachment Before Judgment):
- Rule 5: This provision allows a party to seek the attachment of the defendant’s property before judgment, if there is a threat that the defendant may dispose of the property to defeat the suit.
- Section 94 of CPC: This section empowers the court to grant various interim orders (e.g., granting an injunction, appointing a receiver, or granting other temporary relief) as it deems appropriate during the pendency of a suit.
3. Grounds for Granting Interim Orders
To obtain an interim order, the applicant must convince the court that the order is necessary by showing:
- Prima Facie Case: The applicant must show that there is a legitimate issue in the main suit that is worthy of judicial scrutiny (i.e., there is a valid cause of action).
- Irreparable Injury: The applicant must demonstrate that they will suffer harm or injury that cannot be remedied or undone by monetary compensation if the interim order is not granted.
- Balance of Convenience: The court will assess whether the balance of convenience favors the applicant, meaning that the harm the applicant will suffer if no order is made outweighs any potential harm to the opposite party if the order is granted.
- Adequate Remedy: The applicant must show that there is no other adequate remedy available to address the issue.
4. Procedure for Seeking Interim Orders
- The application is typically filed before the court where the main suit is pending.
- The application should be supported by an affidavit containing the facts of the case and evidence supporting the need for an interim order.
- The court may then issue a notice to the opposite party to show cause why the interim order should not be granted.
- In urgent cases, the court may grant an ex-parte interim order (without hearing the opposite party), but this is usually temporary, and the court will schedule a hearing where both parties can present their arguments.
5. Court’s Power to Grant Interim Orders
- The court has the discretion to grant or reject the application based on the facts and circumstances of the case.
- The court may pass the following types of interim orders during the pendency of a suit:
- Temporary Injunctions: To restrain a party from doing or continuing a specific act (e.g., preventing the defendant from selling property).
- Appointment of Receiver: To appoint a person to manage or take charge of the property in dispute.
- Attachment of Property: To prevent the defendant from dissipating or transferring property that may be the subject matter of the suit.
- Appointment of Commissioner: In some cases, the court may appoint a commissioner to take evidence, conduct an inspection, or collect information.
6. Duration and Modification of Interim Orders
- An interim order granted by the court is typically temporary, valid until the next hearing or further order.
- The interim order can be extended, modified, or vacated by the court based on the progress of the case.
- The party seeking the interim order can approach the court to modify or extend the order if circumstances change.
- In some cases, if the party who obtained the interim order fails to comply with the conditions imposed by the court (e.g., providing security or an undertaking), the order may be vacated.
7. Ex-parte Orders
- In urgent cases, an ex-parte interim order can be obtained, meaning the order is granted without hearing the other party. However, the ex-parte order is usually provisional, and the court will schedule a hearing for both sides to present their arguments.
- Ex-parte interim orders are often granted in situations where immediate action is necessary to prevent irreparable harm or to preserve the subject matter of the dispute (e.g., in property disputes or injunctions to prevent dispossession).
8. Appeal Against Interim Orders
- In some cases, a party may challenge the interim order by filing an appeal to a higher court, depending on the nature of the order and its impact.
Conclusion
A person can seek an interim order in the CPC during the pendency of a suit by filing an application under relevant provisions (such as Order XXXIX, Order XXXVIII, or Section 94). The applicant must show a prima facie case, the possibility of irreparable harm, the balance of convenience in their favor, and the absence of an adequate remedy. The court will then decide whether to grant the interim relief based on these factors.
For Any Type Of Consultation Or Suggestion Call Us On +91 9211732039 / +91 9891045644. This Suggestion is Absolutely free.
Add a Comment