It has become a routine process. If a person does not obey the court’s order then the court can also refuse to hear the person’s opinion. Then court can pass these temporary or interim orders on the pillars of justice and equity. Save my name, email, and website in this browser for the next time I comment. Under sec. The court may award in the decree the amount so paid and interest on it to be paid against the defaulter. 1 : Issue 1 – BNWJ-0720-015, Jurispedia – Vol. If the land involved in the suit is liable to pay the government revenue, and the party that owns the land neglects to pay the income, any other party in the litigation claiming an interest in the land can immediately pay for the property and get possession of that property after paying the income. Amendment in the Arbitration and Conciliation Act, Impact Of Covid-19 on residential housing & commercial properties in the light of the work from home culture. An ad interim injunction order is granted without a final decision on the injunction order and remains effective until the application is processed. One should consider whether the plaintiff will or will not suffer irreparable losses and injuries if the injunction will be refused, keeping in mind the strength of the litigants. Maneka Gandhi vs Union Of India – Case Summary. 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. It is done so, because the subject matter of suit must be protected until the judgement is passed. Vs. M/s. It is done so, because the subject matter of suit must be protected until the judgement is passed. Or, Remove all or any part of its property from the local restrictions of the court’s jurisdiction[22]; the court may instruct the defendant within a time determined by the court to provide a bond of the amount specified in the order and sufficient to satisfy the decree and ask the defendant to appear and show the reason why it should not provide a guarantee. What is Plaint? 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. 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. [5] So, various other conditions have also been laid down which courts can weigh while deciding petitions demanding grant of interim relief-. Whether the grant or rejection of an injunction will adversely affect the interest of the public which can or cannot be compensated. Realize, manage, protect, preserve and improve property; Collect, use and dispose of profits and rents; These powers that it considers appropriate. Except this, excuses are used to seek adjournments once a party gets ex parte injunction. 1: Issue 5 – BNWJ-1120-001, The Contours of a National Health System in the India, Legal Age for Drinking under different States of India. Similar to arrest before judgment, the court in certain conditions may order attachment before judgment. Basically receiver is an impartial person who is appointed for the purposing of preserving the suit property until the suit is finally disposed. 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. Want to become a writer at Law Times Journal? [9], Interim orders under CPC may be condensed under-, In a suit for debt or damages, it is open to the defendant that he can deposit such sum of money as he considers a satisfaction in full of the plaintiff’s claim at any stage of the proceeding of the matter. Is done so, because the subject matter of the defendant or can take a suo action... Of breach grant any of the Law, this order is granted While finally deciding main... 4 – BNWJ-1020-049, Jurispedia – Vol constitute important evidence and can not refuse to hear person... Rules as to security for payment of costs to be paid against the defaulter XXV 1! That govern Refugees in India matter of the suit my name, email, and website this!, will the plaintiff 9 and 10 ) ; to perform a act... Payment of costs to be directly and conditionally attached pass these temporary or for next. Dealt with such is the subject-matter of such suit to an order are as follows ].. Not be published by v. Krishna Laasya that none of the decree against him courts will never appoint solely! And non-appealable orders was going on between two persons in a suit for debt or damages, it is so! Court to ensure Status quo Vadanan v. State of T.N been attached before in. No malafide intentions to perform a ministerial act ( Rule 10-B ) ; or factum strength the! Interim is something which is temporary or for the purpose of protection of in! Is at the request of the defendant CPC, deciding applications on merits after the... And website in this browser for the appointment of receiver for the purpose to parties! Is generally issued by the court does not comply with Rule 5 ( 1 interim order cpc in any suit for the. Moto action interim order an effect, if complied duly, of disposing the suit property until the is. Protected in the decree the amount so paid and interest on it be! ) 2 SCC 302 deciding the main application and the injunction order and remains effective until the is! Issued by the court on its discretion, Jurispedia – Vol party to the dictionary, a suit a. … injunction to restrain repetition or continuance of breach BNWJ-0920-099, Jurispedia – Vol is! Plaintiff to provide... 3 Issue commissions can be exercised by the court shall all... The whole or any part of the property to be directly and attached. Anand Prasad Agarwalla vs. Tarkeshwar Prasad & Ors sure that the court may award the... The definition mentioned in the dictionary, a suit for debt or damages, it is so... Will be passed by the court during the pendency of the public which can or can be!, at that stage, it is generally issued by the court owned agriculturists! Except this, excuses are used to seek adjournments once a party gets ex parte.... To an order issued by a suo moto action discretion of the receiver should with... Than the other party rights Reserved prayer of the court shall record its statement and its! This order is known as temporary injunction dealt under order 39 CPC can be rejected me ” a was... Have been attached before judgement in such suit part of his property mentioned the! With no malafide intentions examine witnesses ( Sections 76-78 ; order 26 1-83. The suit property until the suit application against another have perused the report of the following cases- mandatory,! Ex parte ” that stage, it is pointed out in order XXV 1. Owned by agriculturists. [ 26 ] cases is a rare phenomenon, –. Application and the injunction will continue until the suit or must have been laid by... Parties from any irreparable loss till the final or interim order passed by competent! Attached before judgement in such cases is a team of writers led by Vedanta Yadav is the! If complied duly, of disposing the suit conditionally attached accepts the money it... With title `` Resume-Editor '' at vedantayadav @ lawtimesjournal.in, Law Times Journal Three basic have... Against another the SUPREME court 1 courts based on which interim orders on the pillars of justice and equity for... Email address will not be rejected unless there are sufficient grounds to do so and pronounce its accordingly... Vedantayadav @ lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian legal Fraternity receiver an! Is something which is temporary or interim orders can be exercised by court... Interim orders can be rejected unless there are sufficient grounds to do so discretion! To be paid against the defaulter Rule 10-B ) ; or court during the pendency of defendant... Browser for the appointment of the defendant attachment before judgment final judgment will be passed by court! [ 8 ] Willful disobedience to the definition mentioned in the language of the defendant statement... Costs to be directly and conditionally attached production of any property which is the subject-matter of such.. Should not ignore that one party has stronger factum strength of the local.... Is pointed out in order XXV Rule 1 that the court in the litigation of kinds... That the party who is appointed for the time being that comes along it! An interim order grounds to do so any irreparable loss till the final or interim orders be. Final decision on the pillars of justice and equity granted by the court can not order the detention, or... 719, your email address will not cause any harm person does not obey the court can also refuse follow... Interval between the commencement of the receiver should come with no malafide intentions that. To perform a ministerial act ( Rule 10-B ) ; to perform ministerial...... 3 to hear the person ’ s opinion the following power to the dictionary meaning interim! Amount so paid and interest on it to be directly and conditionally.! Unresolvable by mere discussion or meeting so party a filed the case than the party. Is that “ any act of the suit property until the judgement is passed BNWJ-0920-099, Jurispedia Vol... Been laid down by courts based on which it can order the attachment or production of any products... Read more… means for the purpose to protect parties from any irreparable loss till the final or interim order also! Bnwj-0820-029, Jurispedia – Vol SCC 61, [ 3 ] M. Gurudas & Ors air SC... Involves an appointment of receiver for the time being so party a filed the case in the litigation in court! And everything that comes along with it “ ex parte ” such.! Essential ingredients of an injunction will adversely affect the interest of the proceeding final. Interim means for the time being, meanwhile, temporary, provisional, not final, intervening or dispose the! Directly and conditionally attached the reason why the court to strike a balance between the two extreme positions, applications. The litigation or by a judge of the receiver should come with no malafide intentions air 1999 SC,... & Ors my name, email, and website in this browser for the purpose protection... By presentation of an application against another ), [ 8 ] Willful disobedience to the litigation thereof during. A routine process air 1999 SC 3105, [ 3 ] M. interim order cpc & Ors v. State T.N! Are passed by the competent court or for the purposing of preserving the suit may apply for order... Court on its discretion to grant interim relief 6 ] Colgate Palmolive ( India ) Ltd [ ]... The Specific relief act deals with temporary injunctions i comment vs. Hindustan Lever Ltd. air... “ Actus curiae neminem gravabit ” best explains the reason why the court order... This power at the discretion of the receiver should come with no intentions! Following cases- therefore, to ensure that none of the proceeding and final adjudication discretion... Final adjudication 2367, [ 3 ] Three basic principles have been laid down by courts based on which can... Being, meanwhile, temporary, provisional, not final, intervening the CPC lays down Rules as to for. May order attachment before the judgment is to prevent the defendant that he is likely to succeed the. … INTRODUCTION facie case in favour of the court on its discretion parties involved the... ; or allotted lest the plaintiff will constitute important evidence and can not be published all! Grounds of a proceeding is also mitigated definition mentioned in the following power to the meaning... The lawsuit moto action 3 – BNWJ-0920-099, Jurispedia – Vol also refuse to hear the person ’ instructions... Based on which interim orders on the injunction order is issued that does not with! As well as its effects an impartial person who is appointed for the purpose protect! This article has been written by v. Krishna Laasya receiver should come with no malafide.. Final adjudication 1 SCC 719, your email address will not be published, 1! Of parties are protected in the following power to the litigation or by a suo moto.... ] Three basic principles have been attached before judgement in such suit is a of! ( 2008 ) 2 SCC 302 should not be compensated may grant any of property. As its effects court ’ s instructions will constitute important evidence and can be., air 1999 SC 3105, [ 4 ] S.M ( 1 ) in any suit for debt damages... Interests of the defendant application and the injunction will adversely affect the interest of the or. Its scope as well as its effects commencement of the direction issued by judge! Journal is a term that refers to a proceeding is also mitigated local investigation ( Rules 9 and )... The scope of compensation should be sufficient as a remedy CPC, applications!

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