Civil law

Querist : Anonymous (Querist) 17 October 2011 This query is : Resolved
what is diference between interim order and interlocutory order.pls explain me this diference under these two.

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Sankaranarayanan (Expert) 17 October 2011
a temporary order of the court pending a hearing, trial, a final order, or while awaiting an act by one of the parties

n. a court judgment which is temporary and not intended to be final until either a) other matters come before the judge, or b) there is a specified passage of time to determine if the interlocutory decree (judgment) is "working" (becomes accepted by both parties) and should become final. Interlocutory decrees were most commonly used in divorce actions, in which the terms of the divorce were stated in an interlocutory decree, which would be in force until a final decree could be granted after a period of time (such as one year after serving the divorce petition). The theory was that this would provide for a period in which reconciliation might be possible, and would also test the efficacy of the original order which might be changed upon a motion of either party. Interlocutory decrees of divorce have been abandoned as a procedure in most states, because they seldom had the desired effect and appeared to waste the parties' time.

prabhakar singh (Expert) 17 October 2011
An interim order is temporary in nature and is passed for meanwhile period.In other words
it is effective unless an other is not passed.Illustratively speaking court passes an interim injunction just at the date of suit till defendant turns up and then the court either confirms the interim order till the disposal of suit or withdraws it.

Interlocutory means "in between"that is to say after the commencement of cause but before its final verdict.In this period a court often needs several type of management of the cause for which it needs to pass INTERLOCUTORY ORDERS.The
power to grant Interlocutory orders can be traced to Section 94 of C.P.C. Section
94 summarises general powers of a civil court in regard to different types of
Interlocutory orders. The detailed procedure has been set out in the I Schedule of the C.P.C which deals with Orders and Rules.

Interlocutory orders may take various shapes depending upon the requirement of the respective parties during the pendency of the suit.
Applications for appointment of Commissioner, Temporary Injunctions,
Receivers, payment into court, security for cause,attachment before judgement and etc.,may be its few illustrations.

Querist : Anonymous (Querist) 17 October 2011
can we appeal agaist interim orders and interlocutory orders if it cause loss to defendent.

prabhakar singh (Expert) 17 October 2011
It depends on Provisions of CPC where under many for many interim orders appeal lies.but for many no appeal is provided.where no appeal is provided a revision may lie or in many cases writ jurisdiction of High Court can also be invoked.