Difference Between “Ad Interim Order” and “Interim Order” under CPC
| Basis | Ad-Interim Order | Interim Order |
| Meaning | A temporary or provisional order passed before hearing the opposite party, usually ex parte (without notice). | An interim order is passed after hearing both parties, pending the final disposal of the main case. |
| Nature | Immediate and short-term — granted to protect rights until the court decides the interim application. | Relatively longer-term — continues until the final decision or modification by the court. |
| When Passed | At the initial stage, when urgent relief is needed and there’s no time to hear the other side. | After both parties are heard on the interim application (like under Order 39 Rules 1 & 2 CPC). |
| Example | If the plaintiff files for an injunction, the court may grant an ad-interim injunction immediately to prevent damage before the next hearing. | After the defendant appears and arguments are heard, the court may confirm, modify, or vacate it — that becomes the interim injunction order. |
| Duration | Till the next date of hearing or till the other side is heard. | Until the final judgment or further order of the court. |
| Opportunity to Opposite Party | Usually not given at the time of passing the order (ex parte). | Given — both parties are heard. |
| Objective | To prevent immediate harm or miscarriage of justice. | To maintain status quo during the pendency of the suit. |
Relevant Provisions
- Order 39 Rules 1 & 2 CPC → Deals with temporary injunctions (includes ad-interim and interim).
- Order 39 Rule 3 CPC → Lays down conditions for granting ex parte ad-interim injunction (must record reasons and serve copies immediately).
Illustration
- Step 1: Plaintiff files for injunction → Court grants ad-interim injunction immediately (without hearing defendant).
- Step 2: Defendant appears → Court hears both sides → Court passes interim injunction order (confirming, modifying, or vacating the ad-interim order).
In Short
Ad-interim order = emergency, ex parte protection
Interim order = provisional order after hearing both sides, till final decision
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