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The Civil Court is empowered to give various types of relief and orders. All such relief and order can be clubbed into two categories, viz.
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:
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:
Order of "RES JUDICATA" (Some issue cannot be raised, once decided) ( sec 10 & 11)
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)
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:-
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)
Once a final order is passed by the court, the case is said to be disposed of in favour of either of the parties. Such a final order consists of more than one order. They are:-
JUDGEMENT (Order 20)
DECREE (Order 20, Rule 6)
EXECUTION (OF DECRESS AND ORDERS) (order 21)
Generally an order or judgement is not sufficient for the party in whose favour it has been passed. Many a times it becomes necessary to execute the order through court, as the opposite party may still not follows the order.
This usually happens in case of Money suits, suits for partition, demolition of property etc. In brief the procedure is as follows:
Court on it's own motion:
The court, may on it's own motion, order for the execution of it's order, by directing the opposite party to either deposit money in court, or furnish a surety, or any other direction.
Application by Decree-Holder (O21 R10)
The court may pass such an order, if it feels that the debtor is not willing or unable to pay the money due to the decree holder, or compensate in any other manner.