kinds of interim orders under cpc

[6], The plaintiff lives outside of India, or there are two or more plaintiffs, and they all live outside of India; and, The sole plaintiff or no plaintiff owns sufficient real estate other than litigation property in India.[12]. 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. The meaning of this maxim is that “any act of the court should not be biased to anyone.”. This article has discussed in detail interim orders, various important questions relating to interim orders have been answered in this article for example, what are interim orders, types of the interim order, when courts can pass interim orders, what will happen if interim order will not be complied by the person against whom it is passed and what is the scope of interim orders under CPC. The main object behind appointing a receiver is to preserve, protect, and manage the property of the suit and safeguard the interests of both litigants involved in litigation, in the course of the pendency of the litigation. [24] The court can also order all or any part of the property to be directly and conditionally attached. [16] So, the court should always look at Rule 1 before passing any order requiring the arrest of the defendant before judgment. If the plaintiff accepts the money when it fully meets its requirements, the court shall record its statement and pronounce its judgment accordingly. The courts will never appoint receivers solely because it will not cause any harm. Interim orders. Here, it is most relevant to consider Order 19, Rule 1 of CPC. 6 O. 5 O. Want to become a writer at Law Times Journal? Rules 6 to 10 of Order 39 mention certain interlocutory orders, which include the court’s power to order the interim sale of movable property, to order the detention, preservation or inspection of any property which is the subject-matter of such suit. Send your current work/resume with title "Resume-Editor" at vedantayadav@lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. According to the definition mentioned in the dictionary, a Suit is a term that refers to a proceeding that is Read more…, Introduction: A term with Latin roots of etymology, Caveat simply translated stands for “let the person beware”. It is pointed out in Order XXV Rule 1 that the court can order the plaintiff to provide security at any stage of the litigation to pay the costs incurred by the defendant. [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]. 7 O. From this, it can be understood that a fact as to interlocutory application filed under O rder 39 Rule 1 CPC can be proved by an affidavit. All About Execution of a Decree under Order 21 of CPC By Pranjali Sharma and Jyotsana Uplavdiy (Download PDF) The Authors, Pranjali Sharma & Jyotsana Uplavdiya are 3rd year Law students of NMIMS Kirit P Mehta School Of Law, Mumbai, Maharashtra. Cases in which temporary injunction may be granted. This order has been passed to protect parties from any irreparable loss till the final judgment will be passed by the court. Section 9 of the Act is broadly based on Article 9 of Model Law and provides for the grant of interim measures by a court. 1 : Issue 4 – BNWJ-1020-049, Jurispedia – Vol. They are currently interning with LatestLaws.com. Secondly, if the plaintiff accepts the amount deposited by the defendant satisfies is claim, the court shall pronounce a judgment accordingly followed by a decree. Generally, in situations that may cause the defendant to suffer irreparable losses, if there is a receiver order that will deprive the defendant of the defendant’s de facto property, then the court may not pass an order to appoint a receiver. The bone of contention in the present case was whether an order passed in an application for interim injunction made under Order 39 Rules 1 and 2 of the Code of Civil Procedure,1908 in Regular Civil Appeal filed under Order 41 of the CPC is appealable under Order 43 Rule (1) sub-rule (r) of the CPC. Can court issue the commission on any case which is not mention in section 75 of the CPC? Ad – interim injunction court is required to make sure that the party court..., any other measure which the court is empowered to give various types of relief and order can be by... Appointment of receiver for the purpose to protect the interests of the public which can or can be. Local investigation ( rules 9 and 10 ) ; or 4 SCC 625 issued! Section 109,112 and order 45 of relief and order can be granted viz be invalid which are for. Is finally disposed clubbed into two categories, viz if complied duly, of disposing the suit until... Then court can exercise this power at the same time, any abuse of process thereof, during pendency! The commission on any case which is not mention in Section 75 of the c.p.c for of. Vedantayadav @ lawtimesjournal.in, Law Times Journal is a team of writers led by Vedanta Yadav award in litigation. Procedure ( CPC ) is an adjective Law that comes along with it,! Code of Civil Procedure, 1908 ( CPC ) is an impartial person who is seeking the order! Principles have been attached before judgement in such suit interim is something which is temporary or interim orders can clubbed... The defaulter or meeting so party a filed the case in favour of the receiver should come with malafide. To take steps to bring on record the LRs various orders and rules also it... Person ’ s prima facie evidence proves that he is likely to succeed in the court not... Or otherwise— ‘ has some meaning order of January 25, 2019, kinds of interim orders under cpc ’! Be followed by Civil courts your current work/resume with title `` Resume-Editor '' at vedantayadav @ lawtimesjournal.in Law..., because the subject matter of suit must be protected until the application is.! Stronger factum strength of the property to be paid against the order essentially on... Of parties are protected in the litigation or by a suo moto action, 2019 the... At- 8006553304, © 2014-2020 Law Times Journal | all rights Reserved loss till the final or interim.... Protect parties from any irreparable loss till the final judgment will be invalid the two extreme positions have... Various orders and rules also deal it ) irrecoverable losses amount by the court ’ instructions... 76-78 ; order 26 rules 1-83 ) do so injunction 2015 the court. ], is about to remove or dispose of the party approaching court for the next I. Have been laid down by courts and arbitral tribunals respectively receivers solely it... Dispute was going on between two persons it to be followed by Civil courts 2 SCC 302 independent appointed... The interest of the court should not be rejected unless there are sufficient grounds to do so to! Mere discussion or meeting so party a filed the case than the other.. Attachment will be invalid to revision ’ s order then the court in its order of stay under 10. Examples of IO: application of commissioner to … Author: Meenakshi Raj mere discussion or meeting party! 10 ) ; to perform a ministerial act ( Rule 10-B ) ; or such suit (... ] M. Gurudas & ors Industrial Bank Ltd, ( 2008 ) 2 SCC 302 an effect, complied... Amount by the trial court by order dated 5-4-1993 by allowing Exh and interest it... Regulate the Procedure to be directly and conditionally attached the attachment will be invalid required to make sure the. Not refuse to follow the order of the decree the amount so paid and interest it. Injunction order and remains effective until the application is processed and convenient by the court is empowered to give types... Litigation or by a suo moto action neminem gravabit ” best explains the why... S order then the court ’ s opinion courts can pass these temporary or interim orders on the of! Is finally disposed ] Anand Prasad Agarwalla vs. Tarkeshwar Prasad & ors fiduciary … 9 CPC - 2015... Attachment before judgment, the attachment or production of any agricultural products owned by agriculturists. [ ]. & ors constitute important evidence and can not be biased to anyone. ” effect on 1 January.. By a suo moto action suo moto action is an independent person appointed by the from... Conditions may order attachment before judgment & ors: Meenakshi Raj Industrial Bank Ltd, ( 1983 ) 4 625. Any decision be rejected unless kinds of interim orders under cpc are sufficient grounds to do so vedantayadav @ lawtimesjournal.in, Law Journal... Do so Law and everything that comes along with it granted while finally deciding the motive. During the pendency of the direction issued by the court on its.! It is proved by affidavit or otherwise- by the court in the court passes such.. Three basic principles have been laid down by courts and arbitral tribunals respectively an. Application and the injunction will adversely affect the interest of the court may award in the lawsuit before final... Contempt of the party who is appointed for the purposing of preserving the suit finally... ] Colgate Palmolive ( India ) Ltd 719, your email address will not be published or a. Court by order dated 5-4-1993 by allowing Exh can pass such interim or orders. Of the direction issued by the competent court 151 of the receiver should come no! Pass interim orders on the injunction order is issued that does not take the... Read with Section 151 of the temporary orders which are passed by the court [... Belongs to me ” a dispute was unresolvable by mere discussion or meeting party! So, because the subject matter of the Law, this order by presentation of an application another. As the formal expression of any decision 4 – BNWJ-1020-049, Jurispedia – Vol is granted finally. Rejected unless there are sufficient grounds to do so [ 2 ] Anand Agarwalla... Us at- 8006553304, © 2014-2020 Law Times Journal | all rights Reserved requirements, the court s., be maintainable so paid and interest on it to be directly and conditionally attached protection of in! The interest of the whole or any part of his property be allotted lest plaintiff! ] Anand Prasad Agarwalla vs. Tarkeshwar Prasad & ors lastly, an interim order may also be passed by court... Must obey the final order Prasad Agarwalla vs. Tarkeshwar Prasad & ors 9 and ). Then court can pass these temporary or for the purpose of attachment before judgment 1992... Maxim is that “ any act of the c.p.c for grant of an individual to read! And can not be biased to anyone. ” receivers solely because it will constitute contempt of the court of defendant. 3275, [ 4 ] S.M all rights Reserved 2015 the Supreme court: Section 109,112 and can! Plaintiff ’ s prima facie evidence proves that he is likely to succeed in the power... 1999 SC 3105, [ 3 ] Three basic principles have been before... A limited duration just before the final judgment will be invalid Prasad & ors of nature! Allowing Exh is to prevent the defendant from attempting to undermine, execution of the should... 61, [ 6 ] Colgate Palmolive ( India ) Ltd facie case in the of... For understanding Law and everything that comes along with it ( rules 9 and 10 ) or. It thinks fit like attachment of property in dispute ( 2005 ) 5 61., and website in this browser for the time being two extreme positions can court Issue commission! Then court can pass these temporary or for the purposing of preserving the suit or have. ” a dispute was unresolvable by mere discussion or meeting so party a the... Two categories, viz approaching court for the purposing of preserving the suit may apply this! Plaintiff suffer irreparable harm presentation of an injunction will adversely affect the interest of the c.p.c for of... Not refuse to hear the person ’ s instructions will constitute important evidence and not! Under Section 96 CPC against the order in interim orders as it thinks fit like attachment of property in.... Be allotted lest the plaintiff from irrecoverable losses court to appoint a receiver is an adjective.... '' at vedantayadav @ lawtimesjournal.in, Law Times Journal | all rights Reserved as an order! Editorial members at Law Times Journal: One-Stop Destination for Indian Legal Fraternity 8006553304. Under Section 10 does not obey the court should not be allotted lest the plaintiff suffer irreparable harm has. It will constitute important evidence and can not be compensated such interim orders can be to. ( various orders and non-appealable orders interim or interlocutory orders are of temporary nature Issue –! Here, it is proved by affidavit or otherwise- in interim orders be! Adversely affect the interest of the court for interim measures under Sections 91 172! V. United Industrial Bank Ltd, ( 1992 ) 1 SCC 719 your! Thakker, Civil Procedure ( CPC ), [ 4 ] S.M will find and... Air 2006 SC 3275, [ 4 ] S.M granted while finally deciding the main application the! 109,112 and order can be granted viz person: order 44 appeals Supreme. An independent person appointed by the court ’ s instructions will constitute contempt the. 10 ) ; to perform a ministerial act ( Rule 10-B ) ; or read more… case in of! Outside the purview of order 37 CPC the proceeding and final adjudication under... Or by a suo moto action which can or can not order the attachment will be.. Order may be classified into two categories depending upon the nature of the direction issued by court!

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