ad interim

An ad interim order is a temporary order passed at the first hearing, often without hearing the other side, to hold things in place until the court can decide the interim application itself. An ad interim injunction may later be confirmed, varied or vacated when the interim application is heard.

Under Order XXXIX Rule 3 CPC, if the court grants an injunction without notice it must record reasons why delay would defeat the purpose, and the applicant must send the papers to the opposite party. Courts are expected to dispose of the interim application within thirty days. Distinguish interim (pending the suit) from ad interim (pending the interim application).

Example

The trial court granted an ad interim injunction restraining demolition until the next date, when it would hear both sides on the application under Order XXXIX Rule 1.

In Indian law

• Order XXXIX Rules 1 to 3, Code of Civil Procedure, 1908 (temporary injunctions)

See also

temporary injunction · interlocutory application · stay · ex parte

Read more in the study notes

• Reasoned decisions, exceptions to natural justice, effect of breach and Article 136 (Administrative Law)
• Corruption, maladministration and the ombudsman: Lokpal and Lokayukta (Administrative Law)
• ADR and the Civil Procedure Code: section 89 and Afcons (Alternative Dispute Resolution Systems)
• Arbitration: meaning, kinds and salient features of the 1996 Act (Alternative Dispute Resolution Systems)
• Principal steps in arbitration and interim measures (Alternative Dispute Resolution Systems)
• Arbitral award and setting aside under section 34 (Alternative Dispute Resolution Systems)