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INITIAL / TEMPORARY ORDER

There are also various types of temporary or initial orders, each of a different kind, and having a different implication altogether. They are:

Temporary Injunction (Order 39)

Generally civil suits takes a long time to decide. In such cases, if the court feels that, till the final order, the subject matter of suit is likely to be destroyed, it may grant "TEMPORARY IN JUNCTION", to protect the subject matter. These injunctions are as follows:

• Restrain the defendant from damaging or disposing his property.

• Restrain the defendant from dispossessing the plaintiff from disputed property.

• Restraining the defendant from doing any other act which may make the whole suit infructous.

• Restraining the defendant from committing any breach of contract.

• Restraining the defendant from committing injury of any kind.

However later on during the pending of suit or at the time of final hearing the court may revoke or modify the injunction granted.

INTERLOCUTORY ORDER ( O39, R 6-R10 )

Interlocutory orders are also somewhat similar to temporary injunctions. Interlocutory order only settles intervening matter relating to the cause. Such orders are made to secure some end and purpose necessary and essential to the progress of case and generally collateral to the issues to be settled by the court in the final judgement. 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.

• Detention Preservation , Inspection, etc of subject matter of suit

  The court may order for:
  - Detention, preservation or inspection of property or documents.
  - Authorize any person to enter into any land or building, which is in the possession of other party, for the purposes of detention, preservation or inspection etc.
  - To authorize any person to take samples.

• Deposit of Money: If the subject matter of suit is money, or movable
  Property, the court may order the person holding the money in dispute to be deposited in the court.

Order of "RES JUDICATA" ( Some issue cannot be raised, once decided) ( sec 10 & 11)

• "Res Judicata" means an issue, which has already been decided by the court, in a previous case, cannot be raised again in a subsequent case.

• If such an issue, which is raised again, is substantial and material in
  a case, then the court may dismiss the whole case out rightly, before final hearing

LIMITATION

• These are some suits, which have to be filed within a specified time limit if they are filed, after the expiry of time specified, then the court may dismiss it at once, without going into any merits or details of the case.

• For example (Limitation Act, 1963 schedule)

  - Suit for on account and a share of the profits of a dissolved partnership
    ---- 3 years, from date of dissolution.

  - Many payable for money lent
    ---- 3 years, from the date when the loan is made.

  - Suit for possession of immovable property or any interest therein based on title
  ----- 12 years, from the date of possession of the defendant becomes adverse to the plaintiff.

LACK OF JURISDICTION

A court may dismiss the case outright, if, it (the court) does not have requisite jurisdiction, either pecuniary or territorial.

DISMISS IN DEFAULT (Order 4)

• If neither party appears on the date of hearing then the court is entitled to dismiss the suit,
  
  Or

• If the Defendant appears and the plaintiff does not appear, then the court is bound to dismiss the suit

• However, if the plaintiff appears and the defendant does not
  appear, then the court is authorised to either postpone the hearing or proceed with the suit "Exparte", i.e. without defendant.

DISPOSAL OF THE SUIT AT FIRST HEARING ( Order 15)

A Court may also dispose of the suit in it's very first hearing, on any one of the following grounds: -

1. NO ISSUE: If no relevant issue is raised before the court, by either of the parties during first hearing, the court may dispose of the suit.

2. ONE OF SEVERAL DEFENDANTS NOT AT ISSUE :

• If there are more than one defendant, and any of the defendant is not in issue i.e. not connected with the case filed, then the court may dispose of the suit against or in favour of such defendant only.

• With respect to other defendants, the suit will continue in its usual course.

FAILURE TO PRODUCE EVIDENCE: If either party, fails to produce evidence without any justifiable reasons, then the court may pass a judgement, without going any further.

IRRELEVANT PARTIES: If irrelevant parties have been imploded in the plaint, the court may either order for deletion of such names, or outrightly reject the suit.

SECURITY TO BE DEPOSITED BY DEFENDANT OR PLAINTIFF ( Order 24 & 25)

• The court may order the defendant to deposit a specific amount of money, in a suit filed against him for recovery of any debt.

• The court may also order plaintiff to deposit any kind of security, on an application made by the defendant

• Such an order is passed, to ensure the Bonafide and Integrity of the parties to the suits.