Ad-interim vs interim orders (Order 39 Rules 1 & 2 CPC)

  •  Rule 1 or Rule 2 of Order 39 are repository of the power to grant injunction. 
  • An order of injunction is always passed under Rule 1 or Rule 2 Order 39 save and except rare orders passed under Section 151 of the Code of Civil Procedure. 
  • Rule 1 and Rule 2 of Order 39 do not use the words "interim or ad interim". These are the words coined by the lawyers and the courts merely to indicate the stage at which orders are passed. 
  • Interim order usually remains in force for whole of the period of the suit unless varied under Rule 4 or set aside in appeal. 
  • Ad interim order operates only till the hearing of the application for injunction. 
  • Usually, ad interim order is passed ex parte though it can also be passed when otherwise is present. 
  • It is possible that in a given case at the time of institution of a suit, the plaintiff does not make an application for an order of interim injunction as he feels no necessity in which case only summons of the suit is issued to the defendant. 
  • During the pendency of the suit, a contingency may arise requiring the plaintiff to apply for an injunction. When such an application is made and when the defendant is present and seeks time to file reply, the court may pass ad interim order of injunction pending reply of the defendant. 
  • In some cases, even after the reply is filed by the defendants the court may grant ad interim order of injunction if it does not have time to hear the matter and feels that it is necessary to grant injunction pending hearing to protect the plaintiff pending hearing of the application.
  •  Thus, ad interim order of injunction may be ex parte or may be passed even in the presence of the defendants. 
  • There is no qualitative difference between an interim and ad interim order except about the period for which they operate and the stage at which they are passed. If so the order refusing an ad interim injunction is as much appealable as an order refusing an interim injunction.


Ref: https://indiankanoon.org/doc/479522/

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