RELIEF UNDER CPC - INTERIM / TEMPORARY ORDERS
Interim / Temporary Order
There are also various types of temporary or interim orders, each of a different kind, and having a different implication altogether. They are:
- Temporary Injunction (Order 39)
Generally civil suits takes a long time to decide. In such cases, if the court feels that, till the final order, the subject matter of suit is likely to be destroyed, it may grant "TEMPORARY INJUNCTION", to protect the subject matter. These injunctions are as follows:
- Restrain the defendant from damaging or disposing his property.
- Restrain the defendant from dispossessing the plaintiff from disputed property.
- Restraining the defendant from doing any other act which may make the whole suit infructous.
- Restraining the defendant from committing any breach of contract.
- Restraining the defendant from committing injury of any kind.
However later on during the pending of suit or at the time of final hearing the court may revoke or modify the injunction granted.
- Interlocutory Order (O39, R 6-R10)
Interlocutory orders are also somewhat similar to temporary injunctions. Interlocutory order only settles intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgement. These orders are also of different natures, such as:
- Interim Sale: Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc.
- Detention Preservation , Inspection, etc of subject matter of suit
The court may order for:
- Detention, preservation or inspection of property or documents.
- Authorize any person to enter into any land or building, which is in the possession of other party, for the purposes of detention, preservation or inspection etc.
- To authorize any person to take samples.
- Deposit of Money: If the subject matter of suit is money, or movable Property, the court may order the person holding the money in dispute to be deposited in the court.
- Order of "RES JUDICATA" (Some issue cannot be raised, once decided) (sec 10 & 11)
- "Res Judicata" means an issue, which has already been decided by the court, in a previous case, cannot be raised again in a subsequent case.
- If such an issue, which is raised again, is substantial and material in a case, then the court may dismiss the whole case out rightly, before final hearing.
- Limitation
- These are some suits, which have to be filed within a specified time limit if they are filed, after the expiry of time specified, then the court may dismiss it at once, without going into any merits or details of the case.
- For example (Limitation Act, 1963 schedule)
- Suit for on account and a share of the profits of a dissolved partnership--- 3 years, from date of dissolution.
- Many payable for money lent --- 3 years, from the date when the loan is made.
- Suit for possession of immovable property or any interest therein based on title --- 12 years, from the date of possession of the defendant becomes adverse to the plaintiff.
- Lack Of Jurisdiction
A court may dismiss the case outright, if, it (the court) does not have requisite jurisdiction, either pecuniary or territorial.