What is Interlocutory Order
Interim or interlocutory orders are those orders which are passed by a court during the pendency of a suit or proceeding and these orders do not determine finally the substantive rights and liabilities on the parties in respect of the subject matter of the suit and proceeding.
according to the dictionary, the meaning of interim or inter locator your order means, for the time being, meanwhile temporary and intervening. when any suit is instituted by any party and before it is finally disposed of the court may make interlocutory orders.
These orders are made in Odisha to assist the parties to the suit in the prosecution of the case or for the purpose of protection of the subject matter of the suit. we know the courts are constituted only for the purpose of doing justice & must be deemed to possess all such powers as may be necessary to do the right and undo the wrong in the Curse of administration of Justice.
Interim orders are necessary to deal with and protect the rights of the parties in the interval between commencement of the proceedings and final adjudication. It is generally passed by the court to ensure the status quo. the rationale for such or has to be passed by the course Lai is best to explain blatant legal Maxim which stands for or an act of the court shall prejudice no one.
Therefore to ensure (must be) that the interests of non of the party to the litigation are harmed, the court may pass an interim order. The nature of the order essentially depends on the direction passed by the court and on these bases they may be classified as under
1: restraining order also called in the injunction, which is passed to stop either party from acting in a particular manner during the pendency of the Civil action. These are essential passed by the court to prevent the situations in which either party may suffer because the other party did continued and active it was the matter in issue and
2: directive order which is passed to direct other parties 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-contention of the act would cause harm to the other party.
An interim order may be passed by the court only if the conditions are satisfied as
1: where there is a (must be ) prima facie case in favor of the party seeking the order
2: repairable damage may be caused to the party if the order is not passed and such damage may not be ascertained in term of money and payable as damages
3: where the balance of convenience (must be) lies with the party requesting for the order
An interim order is passed ( must be ) on the basis of Prima facie findings which are tentative. Such order is passed as a temporary arrangement to preserve the status quo what is the matter is decided finally. Search in child models are classified in 6 chapters as
1: Commission under section 75 and 78 under order 26 CPC
2: arrest and attachment before judgment under order 38 CPC
3: temporary injunction and interlocutory order under Order 39
4: reviewer under order 14
5: security for costs under order 25
6: payment in court under order 24