What are interim and exparte orders under Indian Law?

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What are interim and exparte orders under Indian Law? INTERIM ORDERS Interim orders are an essential part of legal proceedings which plays a crucial role in ensuring justice and maintaining stability during the course of a case. ‘According to the dictionary meaning of interim means for the time being, meanwhile, temporary, provisional, not final, intervening.’ These orders serve as temporary measures issued by courts to address urgent matters, preserve rights, and provide relief until a final judgment is reached. By providing temporary relief, interim orders allow individuals to secure their rights and prevent any further damage or loss while awaiting the final resolution of a case. They also contribute to the efficiency of the judicial system by preventing delays. The significance of interim orders lies in their ability to strike a balance between immediate relief and the need for a fair and comprehensive resolution of legal disputes. Interim orders are governed by specific procedural rules that vary across jurisdictions but generally share common principles. Parties seeking interim relief must typically demonstrate the urgency and necessity of the order and provide sufficient evidence supporting their case. Courts consider factors such as the balance of convenience, the likelihood of success in the main case, and the potential harm that may result from the lack of interim relief. The procedural framework also entails notice requirements, the opportunity for opposing parties to present their arguments, and the provision for expedited hearings. Familiarity with the procedural aspects is vital for parties involved in legal proceedings, as it ensures compliance with the requirements and enhances their chances of obtaining interim relief effectively. The concept of interim or interlocutory order derives its roots and origins from the provisions of Order 39 Rules 1 to 3 CPC, which are the source of the power to provide interim relief and temporary injunctions. Order 39 Rule 1 CPC, says that – ‘Wherein any suit, it is proved by affidavit or otherwise (a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree; or (b) that the defendant threatens, or intends, to remove or dispose of the property with a view to defrauding the creditors; (c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit; the court may grant an order of temporary injunction to restrain such acts….’ EX PARTE ORDERS What are interim and exparte orders under Indian Law?Source: LegalVidhya

What are interim and exparte orders under Indian Law?

INTERIM ORDERS

Interim orders are an essential part of legal proceedings which plays a crucial role in ensuring justice and maintaining stability during the course of a case. ‘According to the dictionary meaning of interim means for the time being, meanwhile, temporary, provisional, not final, intervening.’ These orders serve as temporary measures issued by courts to address urgent matters, preserve rights, and provide relief until a final judgment is reached. By providing temporary relief, interim orders allow individuals to secure their rights and prevent any further damage or loss while awaiting the final resolution of a case. They also contribute to the efficiency of the judicial system by preventing delays. The significance of interim orders lies in their ability to strike a balance between immediate relief and the need for a fair and comprehensive resolution of legal disputes.

Interim orders are governed by specific procedural rules that vary across jurisdictions but generally share common principles. Parties seeking interim relief must typically demonstrate the urgency and necessity of the order and provide sufficient evidence supporting their case. Courts consider factors such as the balance of convenience, the likelihood of success in the main case, and the potential harm that may result from the lack of interim relief. The procedural framework also entails notice requirements, the opportunity for opposing parties to present their arguments, and the provision for expedited hearings. Familiarity with the procedural aspects is vital for parties involved in legal proceedings, as it ensures compliance with the requirements and enhances their chances of obtaining interim relief effectively.

The concept of interim or interlocutory order derives its roots and origins from the provisions of Order 39 Rules 1 to 3 CPC, which are the source of the power to provide interim relief and temporary injunctions.

Order 39 Rule 1 CPC, says that –

‘Wherein any suit, it is proved by affidavit or otherwise

(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to the suit, or wrongfully sold in execution of a decree; or

(b) that the defendant threatens, or intends, to remove or dispose of the property with a view to defrauding the creditors;

(c) that the defendant threatens to dispossess, the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit; the court may grant an order of temporary injunction to restrain such acts….’

EX PARTE ORDERS

Ex-parte order or decree indicates that the court has made its decision even though one of the parties to the lawsuit is not present, and theoretically, the case has only been determined on the claims of the one person who is physically present. Typically, it takes place in the defendant’s absence who did not show up for the hearing. Ex parte orders are a significant aspect of legal proceedings that involve obtaining relief from a court without the presence or input of the opposing party. These orders are granted based on the request and evidence presented by one party, without the opportunity for the opposing party to be heard. Ex parte orders have the potential to affect the rights and interests of the parties involved and can significantly impact the course and outcome of legal disputes. Whenever a court passes a decree in favor of the plaintiff in the ex parte proceedings, that particular decree is called an ex parte decree. The court will be satisfied by the cogent material available on record that the summons to the defendant has been duly served and the defendant has sufficient time to appear before the court and answer the suit. However, the defendant has absented himself from court on the date of hearing stated in the summons served to him in accordance with the Code. According to Order 9, Rule 6(1)(a) of the Code of Civil Procedure of 1908, the court may order that the case be heard ex parte.In the context of civil procedure, ex parte motions can be granted without requiring a response from the other party. In most situations, these are orders that are only put into effect temporarily until further hearings can be held; an example of this would be a temporary restraining order.

Source: LegalVidhya

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