Difference
between Ex-party order, Ad interim order and Interim order
Basic
difference:-
|
Ex
party order
|
Ad
interim order
|
Interim
order
|
|
Pass
in absence of party
|
Pass
in presence of both party but before due hearing of both side
|
Pass
after due hearing of both side
|
|
Till
appearance of other party
|
Till
due hearing of both parties
|
Till
final disposal of case
|
Difference
in particular:-
A]
Ex-party order:-
1]
Meaning:-
[adverb]
Ex
party
is a legal term defined as one of the involved parties are not
present or not represented
2]
When apply:-
When involved party is
not present but
Court pass order against
that party, then said order is ex-party order. Said action of Court
is exception to legal principle Audi
alteram partem (a
Latin phrase)
meaning "listen to the other side". Hence,
in exceptional circumstances
where quick action is necessary, such order is passed.
3]
Duration:-
said order is pass for limited period that is up to appearance of
involved absent party. Ones said party is present, Court is duty
bound to hear said party to pass any further order.
4]
Illustration:- X, municipal corporation issue notice to D to
demolish his house within one day otherwise X will do it. D approach
to Civil Court and demand ex-party injunction against X's action.
Court ex-party injunction against X's act till X's
appearance.
B]
Ad- interim order:-
1]
Meaning:- [adverb] for an intervening or temporary
period of time or temporary.
2]
When apply:- When both applicant / claimant party and apposite
party are present before Court. But Court feel that too much time
will consumed for due representation of both parties. Then Court can
pass ad interim order till final disposal of application.
3]
Duration:- Time slot between both parties appeared before Court
to final
and effective representation of both parties on
application.
4]
Illustration:- X, Municipal Corporation issue notice to D to
demolish his house within one day otherwise X will do it. D approach
to Civil Court. Court issue notice to X to appear and file his say. X
appear but demand time to file say. Court pass ad interim order
against X and prohibit him to take any action against D till final
argument of application.
C]
Interim order:-
1]
Meaning:- Meanwhile or the intervening time.
2]
When Apply :- Court pass order after giving full opportunity of
hearing to both sides. Bust said decision does not finally and
conclusively solve dispute between parties.
3]
Duration :- Court pass order and its effect continue till final
disposal of case. e.g. Person released on bail till final disposal of
case.
4]
Illustration:- X, Municipal Corporation issue notice to D to
demolish his house within one day otherwise X will do it. D approach
to Civil Court and file suit. Court issue notice to X to appear and
file his say. Both X and D file their say and after due opportunity
of hearing, Court allowed application and restrained X for
demolishing D's house till final disposal of Suit.
*
* For more detailed difference kindly go through Hon”ble Bombay
High Court judgment in case of
Rajendraprasad
R. Singh vs The Municipal Corpn. Of Gr. Bombay, AIR
2003 Bom 392
