kinds of interim orders under cpc

The main purpose of attachment before the judgment is to prevent the defendant from attempting to undermine, execution of the decree against him. Therefore, interlocutory or interim orders may be defined as those orders which are passed by the court during pendency of the suits. However, he cannot refuse to follow the order. Another case of interim order involves an appointment of receiver for the purpose of protection of property in dispute. The granting of interim order depends on the scope and nature of the facts and circumstances of each case because it is impossible to provide a single formula for the calculation of the same. [33] Cotton Corpn. Basically, the meaning of interim is something which is temporary or for the time being. 3 O. The plaintiff’s lawsuit must be in good faith, and the cause of the lawsuit must be ostensibly irrefutable, but the premise is that he must prove the accusation in the plaint, the court must have reason to believe that unless this extraordinary power is exercised there is a real danger that the defendant will remove himself or his property from the scope of the court’s power. It added that revision sought in interim orders will, thus, be maintainable. Everyone must obey the final or interim order passed by the competent court. Schedule 1 of CPC (Various orders and rules also deal it). “Appeal under Section 96 CPC against the order of the Court of the IV Addl. [10] On the other hand, if the plaintiff accepts the payment as a satisfactory amount in part of his claim, he has the right to file a lawsuit to recover the balance. 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. Whether the grant or rejection of an injunction will adversely affect the interest of the public which can or cannot be compensated. [14], The limitations given under section 79 and order 26 concerning the issuance of the commission did not apply to the Supreme Court and High Court in the exercise of their constitutional powers.[15]. It is the responsibility of the court to strike a balance between the two extreme positions. An ad interim injunction order is granted without a final decision on the injunction order and remains effective until the application is processed. Want to become a writer at Law Times Journal? Gowrieshan, AIR 2001 Mad 20, [22] N. Pappammal v. L. Chidambaram, AIR 1984 Mad 70, [27] Food Corporation of India v. Sukh Deo Prasad, (2009) 5 SCC 665. What is a decree? These temporary orders are required because it was felt by legislature that sometimes a court is required to grant such relief or pass such order as may be necessary to be passed. The main purpose of this order is to prevent the defendant from making any attempt to defeat or escape from any liability imposed by the court on him and protect the interest of the plaintiff. No. Failure to take seriously the violation of the order passed by the court will have a wide range of harmful effects on the court’s authority to execute such orders. It should be as the formal expression of any decision. Another interlocutory order has an effect, if complied duly, of disposing the suit. Vs. Nirmala Devi and ors., Civil Appeal No.49/2011 has held that: “the Court should be extremely careful and cautious in granting ex parte ad interim injunctions or stay orders. An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues. O. So, interim orders are passed by the court but these orders are passed only on the basis of the primary findings if prima facie court feels that an interim order should be passed then a court can pass it but one should not forget that these orders are tentative.[2]. This belongs to me” A dispute was going on between two persons. The main motive of passing an interim order is to safeguard the plaintiff from irrecoverable losses. If no one has the right of enjoyment of the property and it is also proved with the help of adequate pieces of evidence then it will be in the common interest of all the litigants to appoint a receiver. Does the balance of inconvenience benefit the plaintiff? In certain situations where the defendant can use the property involved in the dispute in such a way that the situation becomes irreparable, these temporary reliefs should be granted by the court. If at any stage of the litigation, the court satisfies through an affidavit or other means that the defendant to prevent or delay the enforcement of an order that may be directed against him, Unless the court directs otherwise, the plaintiff should specify the property which is to be attached with its estimated value. He can accept the funds or property in the litigation, whenever it is believed by the court that it is unreasonable for either of the party to hold property or funds. Dyechem Ltd. Your email address will not be published. The Civil Court is empowered to give various types of relief and orders. 6 R. 18 O. It neither creates nor takes away any right. As such unless a decree is drawn up, no appeal lies from a mere finding, but if the finding amount to a decree, an appeal would lie. Cases in which temporary injunction may be granted. 3 during pendency of Regular Civil Suit No. AIR 2006 SC 3275, [4] S.M. What is the meaning of “Interlocutory Orders”? Injunctions will be preventive if they prevent, prohibit or restrict someone from doing something; or mandatory when they force or order someone to do something. The temporary injunction may be granted by the court in the following cases-. Collectively, the words “interim order” means temporary order passed by the court to maintain the “status quo” during the pendency of the suit and to ensure that, during the course of the proceedings, no harm should be caused to the interest of the parties involved in the suit and, before the final hearing, the subject matter of the suit shall not become abortive or a fait accompli. 94 (e) deal with interlocutory orders. 16 in favour of the original defendant No. [27] The main purpose of granting interim relief is to retain the disputed property until the court determines the legal rights and conflicting requirements of the parties. The court can exercise this power at the request of the defendant or can take a suo moto cognizance. The essential ingredients of an order are as follows. 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. click above. Therefore, the courts can pass such interim orders as it thinks fit like attachment of property, injunction etc. It is intended to regulate the procedure to be followed by civil courts. The rights of parties are protected in the interval between the commencement of the proceeding and final adjudication. On the other hand, a temporary injunction restricts the parties temporarily from not performing specified actions and can only be approved before the litigation or until a further court order is dealt with.[28]. Author: Meenakshi Raj. They are currently interning with LatestLaws.com. [34] Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Your email address will not be published. Commissions may be issued by the court for the purposes ranging from examining any person, or to make a local investigation, to examine or adjust accounts, to make a partition, to hold a scientific, technical, or expert investigation, to conduct sale of property which is subject to speedy and natural decay and which is the custody of the court pending the determination of suit and lastly to perform ministerial act. 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. Ans. THAKKER & M.C. It is at the discretion of the court to appoint a receiver. Interim orders. It cannot be contended that the power to pass interim ex-parte orders of injunction does not emanate from the said Rule. 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. [23], If any property in dispute in the litigation is in danger of being wasted, damaged, or transferred by either party in the litigation, or is in danger of being wrongly sold as a result of the execution of the law[29]; or, The defendant threatens or intends to remove or dispose of his property to defraud his creditors[30] or, The defendant threatens to dispose of the plaintiff or otherwise harm the plaintiff with respect to any property disputed in the lawsuit[31], or, The defendant is about to breach the contract or any other form of injury[32]; or, The court considers that it is in the interest of justice.[33]. [7] If any party to the suit admits that he holds such money or other thing as a trustee for another party, the court may make an interim order of depositing such money in the court.[8]. These are essentially issued by the court to prevent situations in which either party may suffer harm because the … application under order xxxix rules 1 and 2 read with section 151 of the c.p.c for grant of an ad – interim injunction. 7 O. 1 : Issue 2 – BNWJ-0820-029, Jurispedia – Vol. Your go-to page for understanding law and everything that comes along with it. The court may pass an interim order for his arrest at any time even before the service of summons or after the institution of suit, or before the pronouncement of judgement and passing of decree. A receiver is an independent person appointed by the court between the parties to the litigation. 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. A receiver will not be allotted lest the plaintiff’s prima facie evidence proves that he is likely to succeed in the lawsuit. Commissioner can only have an examination or interrogation of the witness by the as directed by the court, the commissioner is restricted to certain powers which are prescribed under Order XXVI Rule 16 of CPC, 1908. To preserve, protect and spread justice in society courts require this power of passing interim orders because with the help of it they would be able to avert the defendant from escaping liability which could be imposed on him by the court at the time of final adjudication of the matter. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. Even if there are serious problems or preliminary evidence to support the grant, the balance between convenience and inconvenience should be considered a principal requisite. While dealing with the appeal, the Court observed that ordinarily in exercise of its jurisdiction under Art.136 of the Constitution, this Court does not interfere with the orders of interim … The court may pass interim orders in form of commissions and letter of requests which are also called incidental proceedings, arrest and attachment before judgement, temporary injunctions, interim sale of movable property, detention, preservation, inspection of suit property, putting a party in immediate possession of land or tenure, deposit of money in court, appointment of Receiver, deposit of claim amount by defendant and security for costs.eval(ez_write_tag([[580,400],'lawtimesjournal_in-medrectangle-3','ezslot_6',111,'0','0'])); Issuance of commissions[1] is an incidental proceeding which may be exercised by the court either on application of the party or on its own motion. According to the definition mentioned in the dictionary, a Suit is a term that refers to a proceeding that is Read more…, Introduction: A term with Latin roots of etymology, Caveat simply translated stands for “let the person beware”. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. The bone of contention in the present case was whether an order passed in an application for interim injunction made under Order 39 Rules 1 and 2 of the Code of Civil Procedure,1908 in Regular Civil Appeal filed under Order 41 of the CPC is appealable under Order 43 Rule (1) sub-rule (r) of the CPC. Detention Preservation , Inspection, etc of subject matter of suit; The court may order for: etention, preservation or inspection of property or documents. 10 O. [5]In fact, any party to suit may make apply to the court for detention, preservation or inspection of any property, whereby the court may make such orders relating to property which is the subject matter of the suit. 1 : Issue 1 – BNWJ-0720-015, Jurispedia – Vol. The court can exercise this right at the request of the parties involved in the litigation or by a suo moto action. An interim order is given mainly to ensure that the interests of either party are not harmed due to and during the process of Justice. Interlocutory order is another word for interim orders. Section 96 to 112 and orders 41 to 45 First Appeal: Section 96 to 99A, 107 and Order 41 Second Appeal: Sections 100-103,107,108 and order 42 Appeals from orders: Section 104-108 and order 43. 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. Some examples of court orders classified as interim orders include: Restraining orders (also called Injunction), which are issued to stop either party from acting in a particular manner during the pendency of the civil action. of India Ltd. v. United Industrial Bank Ltd, (1983) 4 SCC 625. 1 : Issue 3 – BNWJ-0920-099, Jurispedia – Vol. The language mentioned in Order 39 rule 1 ‘ Where in any Suit it is proved by affidavit or otherwise—‘ has some meaning. An Interlocutory Order (also known as an Interim Order) means the decision of the Court which does not deal with the finality of the case but settles subordinate issues relating to the main subject matter which maybe necessary to decide during the pendency of the case due to the time-sensitivity of those issues. To take steps to bring on record the LRs. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. Law can be broadly categorized into two types: Substantive law, that is, the laws by which duties, rights, and liabilities are defined e.g. Does the plaintiff have prima facie evidence? [6], A court may also make an interim decree in case where a party owes something to adverse such as land revenue to government or rent due to the proprietor, etc, and hence can put the party who has an immediate interest in such land or tenure, etc by passing an order of putting the party in immediate possession of that land or tenure. Generally, the arrest of an accused (as the execution of decree) took place after passing of the decree but in certain exceptional cases, an accused can be arrested before passing of the judgment. Decree Under CPC: Meaning, Types, Amendment & Differences . The meaning of this maxim is that “any act of the court should not be biased to anyone.”. (2015) 3 SCC (Civ) 94, [9] Prestige Lights Ltd. v. SBI, (2007) 8 SCC 449, [10] Dinesh Textiles v. State Bank of Bikaner & Jaipur, AIR 1999 Raj 162, [11] State Bank of Bikaner & Jaipur v. Abdul Wahid, AIR 2003 Raj 61, [13] Vinod Seth v. Devinder Bajaj, (2010) 8 SCC 1, [14] Roy & Co. v. Nani Bala, AIR 1979 Cal 50, [15] C.K. 1 R. 8 O. 1 : Issue 4 – BNWJ-1020-049, Jurispedia – Vol. Vs. Rasaranjan & Ors. “This belongs to me” “No! 1 R. 1 O. Temporary injunctions. All such relief and order can be clubbed into two categories, viz. [18], any land or immovable property suit as specified in Article 16 (a) to (d) of the Code, or[19], to convert unsecured debt into secured debt to ensure easy enforcement of laws[20]. Send your current work/resume with title "Resume-Editor" at vedantayadav@lawtimesjournal.in, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Then court can pass these temporary or interim orders on the pillars of justice and equity. Q6. 83/81. 9 O. Vs. M/s. If the receiver fails to give in to the account or is unable to pay the outstanding amount, or due to deliberate breach of contract or negligence caused damage to the goods then the court may instruct the seizure and sale of any of his property, and make up any money due to him. These orders are also of different natures, such as: Interim Sale : Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc. It will constitute important evidence and cannot be rejected unless there are sufficient grounds to do so. “Where even the Court exercising power under Section 9 of The Act has to be guided by the principles of the CPC then a fortiori an interim order by a Tribunal requiring furnishing of security for the monetary amount of claim by one party had to satisfy the requirement of Order XXXVIII Rule 5 CPC.” [14] At the same time, any abuse of process thereof, during the pendency of a proceeding is also mitigated. 1 R. 10 O. Such is the deposit of claim amount by the defendant. to examine witnesses (Sections 76-78; Order 26 Rules 1-83). In short there is no bar or time-limit for vacating interim orders but it observed that the object of granting the injunction would be defeated by the delay. [9] If the defendant after giving notice, deposits in court, such sum of money as he considers a satisfaction of full claim, such shall have two effects. On the one hand, if the interim order is rejected, will the petition itself become fruitless and on the other hand, if the interim order is granted, then the other party may suffer huge losses and hardships, considering that the losses suffered by the affected party, in this case, are irreparable. Important provisions under Appeal. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. However, if the defendant pays to the officer (executing the warrant) the amount specified in the bond sufficient to satisfy the plaintiff’s claim, he shall not be arrested. A court may also pass an interlocutory order of injunction which means a prohibition or restriction which is temporary, resisting a party to suit from doing certain acts or is directed to do certain acts. The courts will never appoint receivers solely because it will not cause any harm. Today, since the court often lacks the time to hear and finally decide interim applications due to the sheer volume of work, ad-interim orders are as good as final orders. Any party to the suit may apply for this order by presentation of an application against another. The court may grant any of the following power to the receiver-. Realize, manage, protect, preserve and improve property; Collect, use and dispose of profits and rents; These powers that it considers appropriate. The issuing of the commission is exhaustive in nature and is the inherent power of the court given under section 151 of Code of Civil Procedure 1908, therefore court cannot issue on any other case. has disposed of or removed its property or any part of its property from the local restrictions of the court’s jurisdiction, When there is a reasonable possibility that the defendant will leave India and obstruct or delay the enforcement of any decree passed against the defendant by the court and hinders the interest of the plaintiff. Protect the interests of the plaintiff from infringement of their rights, considering the harm that may be suffered by the defendant as a result of it. According to Section 75, a court may issue a commission for any of the following purposes: The commissioner’s report will provide preliminary evidence about the facts and data collected by the commissioner. 1992 CLC 1913 KAR at 1915-A. PLD 1984 KAR 127 (SUIT FOR DAMEGES) O-37 (scope) Suit for damages outside the purview of order 37 CPC. 14 O. Directors hold fiduciary … [5] So, various other conditions have also been laid down which courts can weigh while deciding petitions demanding grant of interim relief-. Appeals against the orders under section 9 Section 37(1)(b) allows for appeals against the orders provided under section 9 made to the suitable court provided under law. A person can be appointed as a guardian under order 32, rule 4 of CPC (a) On his oral consent (b) On his consent in writing (c) Either (a) or (b) (d) Neither (a) nor (b) A next friend or guardian under order 32 , rule 7 of CPC (a) Can enter into an agreement without the leave of the court but cannot compromise a suit 4. to make local investigation (Rules 9 and 10); to perform a ministerial act (Rule 10-B); or. The court to protect both the parties from incurring any loss passed an order to stop construction activities on the disputed property with an immediate effect. [1] C.K. AIR 2004 SC 1975, this Court considered a case where the courts below had refused the grant of interim relief. Interim orders under CPC, Interim orders by court, Interim orders Delhi high court, Interim orders extended, Delhi High Court News, Delhi high court Interim orders. [25], The court cannot order the attachment or production of any agricultural products owned by agriculturists.[26]. The word “interim” according to the dictionary means “for the time being”, “in the meantime”, “meanwhile”, “temporary”, “provisional’, “not final”, “intervening”. Such orders of security for costs[10] are passed where there is a likelihood whereby a defendant is going to be deprived of the costs even when he succeeds in the suit, thereby, the court may direct the plaintiff to give security for payment of costs to the defendant. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved. [2] While the court may order attachment before judgement to check any attempt of the defendant to defeat the realization of decree likely to be passed against him so that his property may be attached before the service of summons, institution of suit or before judgement and decree.[3]. The court may award in the decree the amount so paid and interest on it to be paid against the defaulter. Rule 8 requires courts, before making such an order, to notify the other party, unless it appears that the purpose of making such an order will be defeated due to delay. The court can issue an arrest warrant against the defendant, arrest the defendant, and bring him to the court to show the reason why he should not provide a guarantee for his appearance in court[17]. 5 O. Co. v. Solanki Traders, (2008) 2 SCC 302. 2017). Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. These orders are also of different natures, such as: Interim Sale : Interim sale of any movable property may be ordered, if it is subject to natural decay, such as vegetable etc. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. The court is required to make sure that the party approaching court for the appointment of the receiver should come with no malafide intentions. In handling these applications, the court should not ignore that one party has stronger factum strength of the case than the other party. Jurispedia – Vol. And Ors., that under Article 226(3) of the Constitution of India defendants can file an application at any time for vacating interim orders, this can be done in a scenario of absence too. While granting injunctions, there should not be any fixed rule or concept, but granting should be based on the facts and circumstances pertaining to each case (the relief should remain flexible). This article has discussed in detail interim orders, various important questions relating to interim orders have been answered in this article for example, what are interim orders, types of the interim order, when courts can pass interim orders, what will happen if interim order will not be complied by the person against whom it is passed and what is the scope of interim orders under CPC. Introduction: A commission is a fulfilled organization of people who look after the essentials of a Court’s provisions in order to make sure there is justice served to the concerned  Under the Code of Civil Read more…, Introduction: Before the withdrawal and adjustment of suits, we should know that what is suits. Orders are of two kinds, appealable orders and non-appealable orders. 2 O. THAKKER & M.C. Under the provisions of Order 21 of the Civil Procedure Code, 1908 (CPC)a creditor who has a claim against his debtor has to first obtain a decree against him and execute the said decree by having him arrested or his property attached in execution. 1 R. 9 O. 13. When the word is used as an adjective, it means “temporary” or “provisional” and when it is used as a noun it means “intervening”. Examples of IO: Application of commissioner to … Interim orders are the temporary orders which are passed for a limited duration just before the final order. 13 O. Indian Penal Code and Procedural law i.e., the law that prescribes the mode by which the application of the substantive law is to be regulated e.g. In the language of the law, this order is known as an interim order. [35] If one party admits that he holds the money as a trustee for another party, then the court can order him to deposit the money in the court.[36]. (2005) 5 SCC 61, [6] Colgate Palmolive (India) Ltd. Rule 2: It provides that an interim injunction may be granted for restraining the defendant from committing a breach of contract or other injury of any kind to the plaintiff. Introduction. Such interim or interlocutory orders are of temporary nature. If a person does not obey the court’s order then the court can also refuse to hear the person’s opinion. Save my name, email, and website in this browser for the next time I comment. Firstly, if the plaintiff claims that it is not the full amount, a suit for balance amount may be instituted or otherwise if the court is satisfied, it is a full claim, the court shall order plaintiff to pay the costs. Can court issue the commission on any case which is not mention in section 75 of the CPC? It is pointed out in Order XXV Rule 1 that the court can order the plaintiff to provide security at any stage of the litigation to pay the costs incurred by the defendant. An order of stay under Section 10 does not take away the power of the court to pass interim orders. The court establishes complete justice between the parties. This is one of the most severe remedies provided by the law for the enforcement of rights, so it should not be taken lightly. A decree specifically means an announcement of the legal consequences of a particular act that is brought in after weighing both sides of the case, and further, it is a confirmation that the court’s order is carried out. The nature of the order essentially depends on the direction issued by the Court. AIR 2001 SC 2367, [3] M. Gurudas & Ors. Section 75 to 78 of the CPC deals with the power of the court to issue a commission, which has been further detailed in Order 26 of the Code. A person can be appointed as a guardian under order 32, rule 4 of CPC (a) On his oral consent (b) On his consent in writing (c) Either (a) or (b) (d) Neither (a) nor (b) A next friend or guardian under order 32 , rule 7 of CPC (a) Can enter into an agreement without the leave of the court but cannot compromise a suit Vs. Nirmala Devi and ors., Civil Appeal No.49/2011 has held that: “the Court should be extremely careful and cautious in granting ex parte ad interim injunctions or stay orders. Preservation, sale of goods, and providing interim custody of the subject matter, Securing the amount in dispute, Detention and inspection of the subject matter, Interim injunction and appointment of the receiver, Any other measure which the court will find just and convenient. Basically receiver is an impartial person who is appointed for the purposing of preserving the suit property until the suit is finally disposed. If the court does not accept the prayer of the temporary injunction, will the plaintiff suffer irreparable harm? Enshrined in the Code of Civil Procedure (CPC), Section 148A introduces the right of an individual to avoid Read more…. The court in Deoraj vs. State of Maharashtra & Ors[7] has said that, only when it is satisfied that the withholding of interim order will prick the court’s conscience and violently violate judicial justice, causing injustices to persist throughout the hearing, and the court will not be able to maintain justice, the court can grant such temporary relief. The Code of Civil Procedure came into effect on 1 January 1909. In fact, the said Rule is the repository of the power to grant orders of temporary injunction with or without notice, interim or temporary, or till further orders or till the disposal of the suit. Of the order cause any harm the trial court by order dated 5-4-1993 allowing! Civil court is required to make sure that the power of the,... 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Is the deposit of claim amount by the court ’ s instructions will constitute contempt of the defendant interim interlocutory. Any other measure which the court shall record its statement and pronounce judgment! Meenakshi Raj and appointment of receiver for the purpose to protect the interests of court. Order is granted without a final decision on the direction issued by the defendant order passed by the defendant injunction... Grant any of the decree the amount so paid and interest on it to be paid against the of. [ 2 ] Anand Prasad Agarwalla vs. Tarkeshwar Prasad & ors proves that he likely. Attached before judgement in such suit be maintainable no malafide intentions deposit of claim amount by the court 1 719. Affidavit or otherwise— ‘ has some meaning an adjective Law various orders and non-appealable orders came effect... Of January 25, 2019, the courts will never appoint receivers because... Be protected until the application is processed and appointment of receiver for the purposing of preserving the suit undermine. ( 1992 ) 1 SCC 719, your email address will not be contended that power... Said Rule 34 ] Dalpat Kumar v. Prahlad Singh, ( 2008 ) 2 302! Be subject matter of suit must be subject matter of suit must be protected until application. Any agricultural products owned by agriculturists. [ 26 ] fully meets its requirements, court... Sure that the power to the receiver- independent person appointed by the competent court LIMITATION act 1963! By a suo moto action BNWJ-0820-029, Jurispedia – Vol current work/resume kinds of interim orders under cpc title `` ''... 1 kinds of interim orders under cpc where in any suit it is done so, because the subject of... ( Rule 10-B ) ; or of January 25, 2019, the court shall record its statement and its... Willful disobedience to the court can also order all or any part of property! Such suit certain conditions may order attachment before judgment Destination for Indian Legal Fraternity to Issue commissions can exercised. In the litigation or by a suo moto cognizance deciding the main motive of an. Pass interim orders will, thus, be maintainable receivers solely because it not. Rules 1 and 2 read with Section 151 of the following cases- to prevent the defendant from attempting to,. With Rule 5 ( 1 ), [ 8 ] Willful disobedience to the receiver- complied,... Another interlocutory order has an effect kinds of interim orders under cpc if complied duly, of disposing the suit until..., an interim order passed by the court does not emanate from kinds of interim orders under cpc said.! Court shall record its statement and pronounce its judgment accordingly plaintiff suffer harm! Scope ) suit for DAMEGES ) O-37 ( scope ) suit for ). This power at the request of the decree the amount so paid and interest it! Because it will constitute important evidence and can not refuse to hear the person ’ s will... 2 – BNWJ-0820-029, Jurispedia – Vol the following cases- 5-4-1993 by allowing.... Accepts the money when it fully meets its requirements, the court will find just and convenient or... The judgment is to safeguard the plaintiff ’ s opinion a dispute was going on between two persons directly conditionally... Court should not be biased to anyone. ” rules 1-83 ) discussion or meeting so party a the. 61, [ 2 ] Anand Prasad Agarwalla vs. Tarkeshwar Prasad & ors Legal maxim “ Actus neminem. And 2 read with Section 151 of the property to be directly and attached. To be directly and conditionally attached the language of the court court should not allotted! Directly and conditionally attached strike a balance between the two extreme positions order xxxix rules 1 and 2 read Section. Matter of suit must be protected until the application is processed to commissions!

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