Since it deprives the other party of ownership of the property before the announcement of final judgment, it should only be used to prevent obvious errors or harm. What is the meaning of “Interlocutory Orders”? Similar to arrest before judgment, the court in certain conditions may order attachment before judgment. On the other hand, a temporary injunction restricts the parties temporarily from not performing specified actions and can only be approved before the litigation or until a further court order is dealt with.[28]. The court to protect both the parties from incurring any loss passed an order to stop construction activities on the disputed property with an immediate effect. 1 R. 9 O. Appointment of a receiver is a protective relief and the purpose is to preserve the disputed property before the determination of the rights of the litigants by the judiciary. Whether the grant or rejection of an injunction will adversely affect the interest of the public which can or cannot be compensated. The creditor, however, can move for the arrest of the debtor or for the attachment of his property even before the judgement under Order 38 of the CPC. It is to be kept in mind that being a representative of a court, a receiver is empowered to collect and receive all the rents and profits of the property during the pendency of proceedings. Such property must be subject matter of the suit or must have been attached before judgement in such suit. Want to become a writer at Law Times Journal? An ad interim injunction order is granted without a final decision on the injunction order and remains effective until the application is processed. Interim injunction and appointment of the receiver, Any other measure which the court will find just and convenient. There should be a prima facie case in favour of the party who is seeking the interim order. Even if there are serious problems or preliminary evidence to support the grant, the balance between convenience and inconvenience should be considered a principal requisite. Order sought to be set aside consent order –no special circumstances made out –application dismissed. While granting injunctions, there should not be any fixed rule or concept, but granting should be based on the facts and circumstances pertaining to each case (the relief should remain flexible). 3 during pendency of Regular Civil Suit No. In certain situations where the defendant can use the property involved in the dispute in such a way that the situation becomes irreparable, these temporary reliefs should be granted by the court. Another interlocutory order has an effect, if complied duly, of disposing the suit. Ans. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. Q6. "whether ad interim mandatory injunction granted by the trial Court by order dated 5-4-1993 by allowing Exh. PLD 1984 KAR 127 (SUIT FOR DAMEGES) O-37 (scope) Suit for damages outside the purview of order 37 CPC. The Civil Court is empowered to give various types of relief and orders. of India Ltd. v. United Industrial Bank Ltd, (1983) 4 SCC 625. (2015) 3 SCC (Civ) 94, [9] Prestige Lights Ltd. v. SBI, (2007) 8 SCC 449, [10] Dinesh Textiles v. State Bank of Bikaner & Jaipur, AIR 1999 Raj 162, [11] State Bank of Bikaner & Jaipur v. Abdul Wahid, AIR 2003 Raj 61, [13] Vinod Seth v. Devinder Bajaj, (2010) 8 SCC 1, [14] Roy & Co. v. Nani Bala, AIR 1979 Cal 50, [15] C.K. Before issuing an injunction, the court must be satisfied with the following conditions which are also known as three pillars on which the foundation of the order of injunction rests[34]: Rule 6 of Order 39 authorizes the court to order, in certain conditions, the sale and purchase of perishable goods. The court ordered the said order shall be uploaded on the court website to give access to this order to every authority. Since the arrest of the defendant before passing the judgment in favour of the plaintiff is an extreme action so it should be performed with due care and caution. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. Commissions may be issued by the court for the purposes ranging from examining any person, or to make a local investigation, to examine or adjust accounts, to make a partition, to hold a scientific, technical, or expert investigation, to conduct sale of property which is subject to speedy and natural decay and which is the custody of the court pending the determination of suit and lastly to perform ministerial act. Your email address will not be published. Can court issue the commission on any case which is not mention in section 75 of the CPC? Appeals by Indigent person: Order 44 Appeals to Supreme Court: Section 109,112 and order 45. The main purpose of this order is to prevent the defendant from making any attempt to defeat or escape from any liability imposed by the court on him and protect the interest of the plaintiff. [27] The main purpose of granting interim relief is to retain the disputed property until the court determines the legal rights and conflicting requirements of the parties. The rights of parties are protected in the interval between the commencement of the proceeding and final adjudication. Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. However, if it is finally found that the deposit fully meets the requirements of the plaintiff, the plaintiff shall pay all expenses incurred after the deposit.[11]. [34] Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Your email address will not be published. It is done so, because the subject matter of suit must be protected until the judgement is passed. [7] If any party to the suit admits that he holds such money or other thing as a trustee for another party, the court may make an interim order of depositing such money in the court.[8]. 1 R. 1 O. 13 O. It should be as the formal expression of any decision. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. the defendant intentionally delays the plaintiff or avoids any court procedure, or hinders or delays the execution of any decree that the litigation may take against him, absconded or has left the local limits of the court’s jurisdiction, or, is about to abscond or left the local restrictions of the court’s jurisdiction, or. Be granted viz can be exercised by the court can not refuse to follow the order depends. 5 SCC 61, [ 2 ] Anand Prasad Agarwalla vs. Tarkeshwar Prasad &.! Ltd. v. 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