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Interim order Interlocutory order

An interim order is temporary in nature and is


passed for meanwhile period. In other words it is
effective unless an other is not passed.
Illustratively speaking court passes an interim
injunction just at the date of suit till defendant
turns up and then the court either confirms the
interim order till the disposal of suit or withdraws
it.
Interlocutory means "in between" that is to say
after the commencement of cause but before its
final verdict. In this period a court often needs
several type of management of the cause for
which it needs to pass INTERLOCUTORY
ORDERS

Interlocutory orders are orders passed by a court
during the pendency of a suit, which do not
determine the substantive rights of the parties in
respect of the subject-matter of the suit or
terminate the suit, but relate to the protection or
otherwise of the subject-matter of the suit.
They are also passed in the course of execution
proceedings after the judgment has been
obtained. In short they relate to the matters of
procedure as they arise either during the trial of
the suit or in the course of execution proceedings.
They are passed to assist the parties in the
prosecution of their case, or for the purpose of
protecting the subject-matter of the suit, or for
ensuring the determination of the merits of the
case. Rules 6 to 10 of Order 39 mention certain
interlocutory orders.

The power to grant Interlocutory orders can be
traced to Section 94 of C.P.C. Section 94
summarises general powers of a civil court in
regard to different types of Interlocutory orders

The detailed procedure has been set out in the I
Schedule of the C.P.C which deals with Orders and
Rules. Order 39 Rule 1 to 5 CPC

Interlocutory orders may take various shapes
depending upon the requirement of the respective
parties during the pendency of the suit.

Applications for appointment of Commissioner,
Temporary Injunctions, Receivers, payment into
court, security for cause, temporary injunction,
receivers and commissions attachment before
judgement and etc., may be its few illustrations.

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 matterof suit
can we appeal agaist interim orders and interlocutory orders if it cause loss to defendent.

It depends on Provisions of CPC where under many for many interim orders appeal lies. but for many no
appeal is provided. where no appeal is provided a revision may lie or in many cases writ jurisdiction of
High Court can also be invoked.

Interlocutory means, means not that
decides the cause but which only
settles some intervening matter relating to the
cause.

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