Interim applications/ Interlocutory applications

 
 Are Interim applications and Interlocutory applications are one and same or different?
In India no difference…..
 
Interlocutory or interim orders may be defined as those orders which are passed by the court
during pendency of the suits. Interlocutory order is another word for interim orders. (Refer
C.K.Takkwani’s CPC Book)
 If there has been a dispute of Civil Nature, then any of the Interim applications can be made before
Civil Court/Quasi-Judicial Bodies for the grant of Interim Order.
Under Criminal Law also, Interim orders can be awarded by Criminal Courts…
To look into the Civil Law:
 
Orders may be further summarised as:

Commissions: Order 26.

Arrest before judgement: Order 38.

Attachment before judgement: Order 38.

Temporary injunction: Order 39.

Interlocutory/ Interim orders: order 39.

Receiver: Order 40.

Security for Costs: Order 25.

Payment in court: Order 24.[3]

 When can an Interim Order be passed in India?

In India, an interim order can be passed either under the Specific Relief Act 1963 or in terms of Section
151 of the Civil Procedure Code of 1908. However, an interim order may be passed by the court only if
the following conditions are satisfied;

Where there is a prima facie case in favour of the party seeking the order,

Or, irreparable damage may be caused to the party if the order is not passed and such damage may not be
ascertained in terms of money and payable as damages,

Or, where the balance of convenience lies with the party requesting the order.
 MODEL FORM III [ See Rule 20 ]
INTERLOCUTORY APPLICATION
BEFORE ____________________
IA NO. ______OF 200
In Suit/ Appeal/Original Petition No. ________of 200 .

CAUSE TITLE HERE

The applicant above named state/s as follows :

1. Set out the relief (s)
2. Brief facts
3. Basis on which interim orders prayed for
4. Balance of convenience, if any : (All interlocutory applications shall be supported by an affidavit
sworn by the Applicant/on its behalf and attested by a Notary Public).
DECLARATION
The applicant above named hereby solemnly declare that nothing material has been concealed or
suppressed and further declare that the enclosures and typed set of material papers relied upon and
filed herewith are true copies of the originals or fair reproduction of the originals or true translation
thereof.
Applicant
VERIFICATION
I __________________(Name of the applicant) S/o.W/o.D/o. (indicate any one, as the case may be )
___________age ____________working as __________ in the office of _______________resident of
_______________ do hereby verify that the contents of the paras _____________to ___________are
true to my personal knowledge / derived from official record ) and para _________ to _______are
believed to be true on legal advice and that I have not suppressed any material facts. Date : Place :
Signature of the Appellant/Petitioner or authorized officer
APPLICANT

[NOTE : This Application has to be supported by an affidavit and schedule of the

Property)
 APPLICATION FOR GRANT OF INTERIM ORDER OF
TEMPORARAY INJUNCTION

Facts:
 
The plaintiff is a tenant in respect of a property from 2019, bearing no Uttam
Nagar, New Delhi consisting two rooms, bathroom and kitchen in the above said
premises of Rent Rs. 150/- (Rs. 150/-) p.m. excluding electricity and water charges
under the tenancy of late Shri “A who died on 17.1.2020 and late Sh. “A ” used to
collect the rent from the plaintiff but late Shri “A “did not issue any rent receipt to
the plaintiff even after several demands made by the plaintiff but he always used to
postpone the issue of rent receipt.
That the plaintiff spent a huge amount of Rs. 7,07,700 on the repairs and
construction of these two rooms in the above said premises at the request of Late
Shri “A” and he assured the plaintiff to adjust the said rent (the plaintiff is having
the necessary documents/proofs of material for construction of rooms in the
above said property). It is also pertinent to mention here that the plaintiff looked
after late Shri “A” many a times, whenever he fell ill. The plaintiff is having the
peaceful possession of premises no. ___Uttam Nagar, New Delhi and is having
the whole necessary documents/record regarding possession (photocopy of Ration
Card, School Card is enclosed herewith) but the above said defendants are
intended to disturb the peaceful physical possession of the plaintiff of the above
said premises. That the plaintiff is having the whole necessary household goods
which are lying/kept in the above said premises and is living peacefully.
On 31-07-2020, the above said defendant came to the above said premises of the
plaintiff and threatened the plaintiff to vacate the tenanted premises immediately,
otherwise the plaintiff would have to face dire consequences, when the plaintiff
asked about their identity then they did not disclose the same, instead started
throwing household goods forcibly and illegally and started to quarrel with the
plaintiff when the local residents/neighbours’ intervened in the matter then the
defendants left the spot after threatening for dire consequences and to dispossess
the plaintiff forcibly and illegally in the near future with the help of local goondas .
 
So he approached JCJ of Uttam Nagar, New Delhi for Permanent
Injunction by filing a Suit…

HINT: THE SUIT, PLAINTIFF FILED BEFORE JUNIOR CIVIL JUDGE

COURT IS FOR GRANT OF PERMANENT INJUCTION

WHILE PROCEEDINGS WERE STILL GOING ON , HE FILED AN

APPLICATION FOR INTERIM ORDER FOR GRANT OF
TEMPORARAY INJUCTION
PARTIES IN SUIT FOR PERMANENET INJUNCTION

Sh. Om Veer Singh S/o. R/o. Sainik Nagar, New

Delhi……………………………………………………….Plaintiff
 
VERSUS

1. Dr. U. Basu S/o _________R/o Pragati Vihar

Society, Delhi - 92
2. Tapan Kumar, S/o __R/o Pragati Vihar
Society, Delhi – 92………………………...Defendants
 IN THE COURT OF JUNIOR CIVIL JUDGE , DELHI

IA NO. OF 20…
IN
SUIT NO. OF 20...

IN THE MATTER OF:

Sh. Om Veer Singh, S/o
PLAINTIFF/APPLICANT
R/o …… VERSUS
1. Dr. U. Basu S/o
, R/o …..
2. Sh. Tapan Kumar, S/o
, R/O…. DEFENDANTS/RESPONDENTS

APPLICATION FOR TEMPORARY INJUNCTION UNDER ORDER XXXIX, RULE

1 & 2 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE, 1908

1.That the plaintiff has filed a suit for permanent injunction which is pending for disposal
before this Hon‟ble Court.
2.That the contents of the accompanying suit for permanent injunction may kindly be
read as a part and parcel of this application which are not repeated here for the sake of
brevity.
3.That the plaintiff/applicant has got a prima-facie case in his favour and there is
likelihood of success in the present case.
4.That in case the defendants are not restrained by means of ad-interim injunction for
dispossessing the plaintiff from the above said premises no. Uttam Nagar, New
Delhi and from interfering in physical peaceful possession of the above said premises, the
plaintiff shall suffer irrepairable loss and injury and the suit shall become anfractuous and
would lead to multiplicity of the cases.
5.That the balance of convenience lies in favour of the plaintiff and against the
defendants.

PRAYER:
It is, therefore most respectfully prayed that this Hon‟ble Court may be pleased to :-

a) Pass ex-parte ad interim injunction restraining the defendants, their associates,

servants, agents and their representatives from interfering into the peaceful physical
possession of the plaintiff in the above said premises and from dispossessing the
applicant/plaintiff from the same.
20

b) pass such other and further order(s) as may be deemed fit and proper on the facts and
in the circumstances of this case.

Plaintiff /Applicant
Place: Through
Date: Advocate

[NOTE : This Application has to be supported by an affidavit

and schedule of the Property.)