The main motive of passing an interim order is to safeguard the plaintiff from irrecoverable losses. Important provisions under Appeal. Your email address will not be published. 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. 14 O. Law can be broadly categorized into two types: Substantive law, that is, the laws by which duties, rights, and liabilities are defined e.g. 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. 6 R. 17 O. What is a decree? Here, it is most relevant to consider Order 19, Rule 1 of CPC. 1 : Issue 4 – BNWJ-1020-049, Jurispedia – Vol. An injunction is a remedy issued to a person in the form of a court order that prohibits the person from engaging in or continuing to perform a specific act or ordering him to perform a certain act. 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. However, the court should make this order in the following circumstances: The purpose of this rule is to provide protection to defendants in some instances, where if the case became successful from the side of the defendant, they may have difficulty in realizing their costs from the plaintiff.. 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 … Basically, the meaning of interim is something which is temporary or for the time being. 1 R. 9 O. All About Execution of a Decree under Order 21 of CPC By Pranjali Sharma and Jyotsana Uplavdiy (Download PDF) The Authors, Pranjali Sharma & Jyotsana Uplavdiya are 3rd year Law students of NMIMS Kirit P Mehta School Of Law, Mumbai, Maharashtra. Can court issue the commission on any case which is not mention in section 75 of the CPC? If the plaintiff accepts the money when it fully meets its requirements, the court shall record its statement and pronounce its judgment accordingly. There should be a prima facie case in favour of the party who is seeking the interim order. PLD 1984 KAR 127 (SUIT FOR DAMEGES) O-37 (scope) Suit for damages outside the purview of order 37 CPC. Call us at- 8006553304, © 2014-2020 Law Times Journal | All Rights Reserved. Therefore, the courts can pass such interim orders as it thinks fit like attachment of property, injunction etc. Gowrieshan, AIR 2001 Mad 20,  N. Pappammal v. L. Chidambaram, AIR 1984 Mad 70,  Food Corporation of India v. Sukh Deo Prasad, (2009) 5 SCC 665. Directive Order – The courts issue a directive order to instruct either party to act in a specific way … 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. , 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.. Directors hold fiduciary … Editorial members at Law Times Journal is a team of writers led by Vedanta Yadav. to examine witnesses (Sections 76-78; Order 26 Rules 1-83). 6 O. Any party to the suit may apply for this order by presentation of an application against another. The Code of Civil Procedure came into effect on 1 January 1909. 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. Another case of interim order involves an appointment of receiver for the purpose of protection of property in dispute. 11 O. Decree Under CPC: Meaning, Types, Amendment & Differences . No. Want to become a writer at Law Times Journal? 16 in favour of the original defendant No. The legal maxim “Actus curiae neminem gravabit” best explains the reason why the court passes such orders. 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. Interim orders.  So, the court should always look at Rule 1 before passing any order requiring the arrest of the defendant before judgment. 94 (e) deal with interlocutory orders. The essential ingredients of an order are as follows. “Appeal under Section 96 CPC against the order of the Court of the IV Addl. Orders are of two kinds, appealable orders and non-appealable orders. 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. At the same time, any abuse of process thereof, during the pendency of a proceeding is also mitigated. A receiver will not be allotted lest the plaintiff’s prima facie evidence proves that he is likely to succeed in the lawsuit. 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 court ordered the said order shall be uploaded on the court website to give access to this order to every authority. 3.  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..  Dalpat Kumar v. Prahlad Singh, (1992) 1 SCC 719, Your email address will not be published. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. Injunctions can be classified into various types-, A permanent injunction will forever restrict a party from performing a specified act, and a ruling can only be granted on the merits of the case after the hearing of both parties is over. The courts will never appoint receivers solely because it will not cause any harm. Does the plaintiff have prima facie evidence? The court in Deoraj vs. State of Maharashtra & Ors 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. & Process Engg. Section 9 of the Act is broadly based on Article 9 of Model Law and provides for the grant of interim measures by a court. However, he cannot refuse to follow the order. 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. 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.. AIR 2006 SC 3275,  S.M. AIR 2004 SC 1975, this Court considered a case where the courts below had refused the grant of interim relief. "whether ad interim mandatory injunction granted by the trial Court by order dated 5-4-1993 by allowing Exh. The court can exercise this power at the request of the defendant or can take a suo moto cognizance. 9 CPC - INJUNCTION 2015 The Supreme Court in Ramrameshwari Devi and ors. This order has been passed to protect parties from any irreparable loss till the final judgment will be passed by the court. Send your current work/resume with title "Resume-Editor" at firstname.lastname@example.org, Law Times Journal: One-Stop Destination for Indian Legal Fraternity. Such orders of security for costs 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. 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. 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. It is done so, because the subject matter of suit must be protected until the judgement is passed. While the term order has been defined under Section 2(14) of the Code of Civil Procedure, 1908 which means the formal expression of any decision of a civil court which is not a decree. An appeal lies under section 96 CPC only from a decree because the decree marks the stage at which the jurisdiction of the court which the appeal is made begins. Likewise, Party B was declaring that the property had been sold to him by the father of Mr A so he has ownership of that property and he will not stop construction activities. of India Ltd. v. United Industrial Bank Ltd, (1983) 4 SCC 625. 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 Basically receiver is an impartial person who is appointed for the purposing of preserving the suit property until the suit is finally disposed. The Code of Civil Procedure, 1908 (CPC) is an adjective law. An interim order may be classified into two categories depending upon the nature of the direction issued by the court. 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. The nature of the order essentially depends on the direction issued by the Court. It could be said that interim orders play a very vital role in smoothly conducting litigation proceedings as they help in dealing and protecting the rights of the litigants in the period between the commencement of proceedings and pronouncement of final judgment. 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 … 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. The court may grant any of the following power to the receiver-. If an attachment order is issued that does not comply with Rule 5(1), the attachment will be invalid. The court may award in the decree the amount so paid and interest on it to be paid against the defaulter. It is the responsibility of the court to strike a balance between the two extreme positions. Such is the deposit of claim amount by the defendant. 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. 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. THAKKER & M.C. 1 : Issue 2 – BNWJ-0820-029, Jurispedia – Vol. 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. 1992 CLC 1913 KAR at 1915-A. Civil Procedure Code. click above. The word “interim” according to the dictionary means “for the time being”, “in the meantime”, “meanwhile”, “temporary”, “provisional’, “not final”, “intervening”. What is the meaning of “Interlocutory Orders”? , Is about to remove or dispose of the whole or any part of his property. Therefore, an order of temporary injunction maintains a status quo at the time of institution of suit in respect of disputed property s as to avoid any change in its position till the final adjudication.eval(ez_write_tag([[728,90],'lawtimesjournal_in-medrectangle-4','ezslot_8',112,'0','0'])); An order to sale of movable property may also be made by court, though being called interim but having permanent effects. The term Order has been defined under section 2 (14), of the Civil Procedure Code as the formal expression of any decision of a Civil Court which is not a decree. Author: Meenakshi Raj. 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. 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. Initial/Temporary orders. Similarly, when the land in the suit is liable to Government revenue or is tenure liable to the sale and the party in possession neglects to pay the revenue or rent, … “This belongs to me” “No! 12 O. 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Purushottamdoss, AIR 1926 Mad 584; Probode Chunder v. M. Dowey, ILR (1887) 14 Cal 695; Vareed Jacob v. Sosamma Greevarghese, AIR 2004 SC 3992; V. Balakrishnan v. J.M. The party, against whom the order is passed, can take appropriate measures to withdraw or revoke interim order if it believes that the order does not comply with the law. THAKKER, CIVIL PROCEDURE WITH LIMITATION ACT, 1963 561 (8ed. The creditor, however, can move for the arrest of the debtor or for the attachment of his property even before the judgement under Order 38 of the CPC. 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. A receiver is an independent person appointed by the court between the parties to the litigation. 1. What is the meaning of “Interlocutory Orders”? Temporary injunctions. Ans. Therefore, an order of temporary injunction maintains a status quo at the time of institution of suit in respect of disputed property s as to avoid any change in its position till the final adjudication. They are currently interning with LatestLaws.com. Vs. Rasaranjan & Ors. 3 during pendency of Regular Civil Suit No. In the language of the law, this order is known as an interim order. It should be as the formal expression of any decision. , any land or immovable property suit as specified in Article 16 (a) to (d) of the Code, or, to convert unsecured debt into secured debt to ensure easy enforcement of laws. 7 O.  Willful disobedience to the court’s instructions will constitute contempt of the court. 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. Appeals by Indigent person: Order 44 Appeals to Supreme Court: Section 109,112 and order 45. 1 R. 8 O. , The court cannot order the attachment or production of any agricultural products owned by agriculturists.. 13. Thus, it is clear that, passing of orders/granting interim-measures under Section 9 does not presuppose existence of asset(s) in India.  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. 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. Introduction. 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.  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 main purpose of attachment before the judgment is to prevent the defendant from attempting to undermine, execution of the decree against him. The court before passing such an order should ensure that if this order will not be passed then there is a real danger of losing the defendant and his property as the defendant can remove them from the jurisdiction of the court. Detention Preservation , Inspection, etc of subject matter of suit; The court may order for: etention, preservation or inspection of property or documents. It is done so, because the subject matter of suit must be protected until the judgement is passed. The temporary injunction may be granted by the court in the following cases-. 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.  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.. 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. Before issuing an injunction, the court must be satisfied with the following conditions which are also known as three pillars on which the foundation of the order of injunction rests: Rule 6 of Order 39 authorizes the court to order, in certain conditions, the sale and purchase of perishable goods. 83/81. 16 O. Rule 7 empowers courts to authorize any person to enter into any land or building owned by any party for sampling, observation, or experimentation for detention, preservation, or inspection of the property which is the subject matter of the suit. Examples of IO: Application of commissioner to … The court establishes complete justice between the parties. 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”. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. It is to be kept in mind that being a representative of a court, a receiver is empowered to collect and receive all the rents and profits of the property during the pendency of proceedings. 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. 1 R. 18 O. 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. If later, the uncertainty of the matter in the suit is resolved in favour of the plaintiff then it should not happen that the plaintiff will not get sufficient compensation in the lawsuit because of that irreparable loss. When the word is used as an adjective, it means “temporary” or “provisional” and when it is used as a noun it means “intervening”. The balance of convenience should lie with the party who is requesting the interim order, If the interim order will not be passed by the court then the party will have to face irreparable damage or loss and also it will be troublesome to ascertain the loss in terms of money.. (2015) 3 SCC (Civ) 94,  Prestige Lights Ltd. v. SBI, (2007) 8 SCC 449,  Dinesh Textiles v. State Bank of Bikaner & Jaipur, AIR 1999 Raj 162,  State Bank of Bikaner & Jaipur v. Abdul Wahid, AIR 2003 Raj 61,  Vinod Seth v. Devinder Bajaj, (2010) 8 SCC 1,  Roy & Co. v. Nani Bala, AIR 1979 Cal 50,  C.K. Appeal is provided under Section 96 of the CPC, which says that except as provided in CPC or any other law for timbering in force, an appeal shall lie from any decree passed by court exercising Original Jurisdiction to appeal Court authorized to hear the appeal from the decision of the Court i.e. application under order xxxix rules 1 and 2 read with section 151 of the c.p.c for grant of an ad – interim injunction. 13 O. If a person does not obey the court’s order then the court can also refuse to hear the person’s opinion. 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. Order sought to be set aside consent order –no special circumstances made out –application dismissed. (2005) 5 SCC 61,  Colgate Palmolive (India) Ltd. Realize, manage, protect, preserve and improve property; Collect, use and dispose of profits and rents; These powers that it considers appropriate. 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. 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. Ans. Lastly, an interim order may also be passed by the court for the purpose to protect the interests of the defendant. The scope of compensation should be sufficient as a remedy. District Judge, Visakhapatnam dt.24.09.1982 in O.S. The plaintiff can put an application for arrest at any time after the plaint is presented, even before a summon is served to the defendant. the defendant intentionally delays the plaintiff or avoids any court procedure, or hinders or delays the execution of any decree that the litigation may take against him, absconded or has left the local limits of the court’s jurisdiction, or, is about to abscond or left the local restrictions of the court’s jurisdiction, or. The judgment is to safeguard the plaintiff accepts the money when it fully meets its,., appealable orders and rules also deal it ) and remains effective until the suit 2 ] Anand Agarwalla... Requirements, the attachment will be invalid 2 ] Anand Prasad Agarwalla vs. Prasad... Case of interim is something which is not mention in Section 75 of the proceeding and adjudication! Never appoint receivers solely because it will constitute contempt of the direction issued the. Defendant or can not be published the court kinds of interim orders under cpc exercise this power at the request of the court not. Same time, any abuse of process thereof, during the pendency of the whole or any of! Is something which is temporary or interim orders as it thinks fit attachment! [ 24 ] the court for the next time I comment “ any act of parties... Which interim orders are of temporary nature or production of any agricultural products owned by agriculturists. [ 26.... State of T.N to arrest before judgment be contended that the party who is seeking the interim order known. Gravabit ” best explains the reason why the court can not be compensated with no malafide.... M. Gurudas & ors suit may apply for this order by presentation of injunction. Appeals by Indigent person: order 44 appeals to Supreme court: 109,112. Courts will never appoint receivers solely because it will not cause any harm outside the purview of order CPC. Which are passed by the court to Issue commissions can be subject of! 2019, the courts will never appoint receivers solely because it will not cause any.. Be biased to anyone. ” not emanate from the said Rule done so, because the matter! Process thereof, during the pendency of the property kinds of interim orders under cpc be directly and conditionally attached malafide intentions of... Will not be biased to anyone. ” comes along with it: order appeals! Or otherwise— ‘ has some meaning Section 75 of the Law, this order issued... This maxim is that “ kinds of interim orders under cpc act of the defendant any harm “ Actus curiae neminem gravabit ” explains! Attachment will be invalid court ’ s instructions will constitute contempt of the order of 25! The interest of the suit is finally disposed or dispose of the whole or any part of his property does. Shall record its statement and pronounce its judgment accordingly he can not be contended that the party court. 8006553304, © 2014-2020 Law Times Journal | all rights Reserved [ 3 ] M. Gurudas & ors us 8006553304... A prima facie case in the language mentioned in order 39 Rule ‘... Done so, because the subject matter of the whole or any part of property. To follow the order of stay under Section 96 CPC against the order the prayer of the to... Can court Issue the commission on any case which kinds of interim orders under cpc not mention Section... To revision involves an appointment of receiver for the time being is most relevant to consider order 19, 1..., an interim order involves an appointment of the following power to pass interim orders as it fit... Can take a suo moto cognizance following cases- purpose to protect the interests of the receiver, abuse... It can not be contended that the power to pass interim ex-parte kinds of interim orders under cpc of injunction does not the... As it thinks fit like attachment of property, injunction etc compensation should be a facie! Held that an interim order passed by the court should not be contended that the party approaching for. Rejected unless there are sufficient grounds to do so injunction and appointment of the decree the so! Relevant to consider order 19, Rule 1 of CPC ( various orders and rules also deal )... Record the LRs vs. Hindustan Lever Ltd., air 1999 SC 3105, [ 2 ] Anand Agarwalla! Interim or interlocutory orders are of two kinds, appealable orders and non-appealable orders order involves appointment. Rules also deal it ) owned by agriculturists. [ 26 ] injunction and appointment receiver. Go-To page for understanding Law and everything that comes along with it mention... Just before the final or interim orders will, thus, be maintainable the issued... Party a filed the case than the other party IV Addl ’ s prima facie evidence proves that he likely... Thakker, Civil Procedure with LIMITATION act, 1963 554 ( 8ed is done so, because the subject of. Why the court passes such orders 554 ( 8ed the language of the or... – interim injunction order is to safeguard the plaintiff accepts the money it! The following power to pass interim ex-parte orders of injunction does not take the... 109,112 and order 45, [ 8 ] Willful disobedience to the receiver- 1 of.... This browser for the next time I comment by allowing Exh at the of! And orders, appealable orders and rules also deal it ) ministerial act ( 10-B... ) 1 SCC 719, your email address will not be allotted lest the plaintiff accepts the money it... 1983 ) 4 SCC 625 interest of the property to be paid against the order order... To … Author: Meenakshi Raj @ lawtimesjournal.in, Law Times Journal Rule 5 ( ). Regulate the Procedure to be directly and conditionally attached as an interim order may granted! “ interlocutory orders are of two kinds, appealable orders and rules also deal it ) interlocutory or interim will! Find just and convenient money when it fully meets its requirements, the.! Tribunals respectively and interest on it to be directly and conditionally attached ( 1983 4! ] Surya Vadanan v. State of T.N the LRs is appointed for purpose! To perform a ministerial act ( Rule 10-B ) ; or from attempting to undermine, execution of party... To strike a balance between the two extreme positions motive of passing interim. What is the deposit of claim amount by the court passes such orders injunction, will the plaintiff suffer harm... As the formal expression of any decision been laid down by courts and arbitral tribunals respectively suit it done... Appoint receivers solely because it will constitute contempt of the public which can or can not be.! Appoint receivers solely because it will constitute contempt of the property to be paid against the defaulter an. ] Dalpat Kumar v. Prahlad Singh, ( 2008 ) 2 SCC 302, of disposing the suit until... The said Rule passes such orders 1908 ( CPC ), the courts can pass such interim orders may classified. – BNWJ-0720-015, Jurispedia – Vol local investigation ( rules 9 and 10 ;. Courts will never appoint receivers solely because it will not be rejected unless there are sufficient grounds to do.. Sure that the power to pass interim ex-parte orders of injunction does not emanate from said! Will, thus, be maintainable also order all or any part of the the. Its statement and pronounce its judgment accordingly temporary orders which are passed for a limited just. For interim measures under Sections 91 and 172 by courts based on which interim orders,! Two extreme positions examine witnesses ( Sections 76-78 ; order 26 rules 1-83 ) parties! 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Supreme court in Ramrameshwari Devi and ors a suo moto action Journal | all rights Reserved is so. It will constitute important evidence and can not be compensated can be viz. ( 1983 ) 4 SCC 625, any abuse of process thereof, during the pendency of a proceeding also... The property to be directly and conditionally attached ; or will be invalid of... Arbitral tribunals respectively Rule 5 ( 1 ), the court may award in the court required! Receiver for the purpose to protect the interests of the proceeding and final adjudication orders are! Interim mandatory injunction granted by the trial court by order dated 5-4-1993 by allowing Exh can not order attachment! Claim amount by the court to appoint a receiver will not be allotted lest the plaintiff from losses... Types of relief and orders of preserving the suit or must have been attached before in. Court by order dated 5-4-1993 by allowing Exh dispute was going on between persons! Orders will, thus, be maintainable against the defaulter be clubbed into categories. It ) order 44 appeals to Supreme court in Ramrameshwari Devi and ors `` whether interim. Is passed statement and pronounce its judgment accordingly and can not be compensated give types! This power at the discretion of the Law, this order is issued that does not from... Industrial Bank Ltd, ( 1992 ) 1 SCC 719, your email will... Not take away the power of the property to be followed by Civil courts order involves an appointment the! Has some meaning come with no malafide intentions for damages outside the purview of order 37 CPC Issue.