INTERIM ORDERS

Interim orders may be passed by courts in civil matters pending before them. Such orders can be passed either under the provision/s of a statute like the Specific Relief Ac,193 or in terms of Section 151 of the Civil Procedure Code of 1908, an interim order may be passed by the court only if the following conditions are satisfied;

1. Where there is a prima facie case in favour of the party seeking the order,
2. Irreparable damage may be caused to the party if the order is not passed and such damage may not be ascertained in terms or money and payable as damage/s, and
3. Where the balance of convenience lies with the party requesting for the order.

Interim order - an order passed by a Court during the pendency of the litigation.

 It is generally passed by the Court to ensure Status quo. The rationale for such orders to be passed by the Courts lie are best explained by "Actus curiae neminem gravabit" which stand for "an act of the court shall prejudice no one".

The nature of the order essentially depends on the direction passed by the Court and on these basis they may be classified as under;

• Restraining order - (also called Injunction), which are passed to stop either party from acting in a particular manner during the pendency of the civil action.
• Directive order, which are passed to direct either part to continue to act in a particular manner till the conclusion of the trial or till further orders. These may be passed if the non-continuation of the act would cause harm to the other party.