Ad interim (Latin: "in the meantime") refers to an immediate, short-term order granted by a court to protect a party's interests during the period between the filing of an application for interim relief and its full hearing. Under Indian law, ad interim orders are most commonly granted in the context of injunction applications under Order XXXIX Rule 3 of the Code of Civil Procedure, 1908, where the court provides temporary protection to maintain the status quo until the injunction application itself can be fully argued.
Legal definition
Indian law does not provide a standalone statutory definition of "ad interim." The concept operates within the framework of Order XXXIX of the CPC, particularly Rule 3:
Order XXXIX Rule 3 of the Code of Civil Procedure, 1908, headed "Before granting injunction, Court to direct notice to opposite party", provides that the Court shall in all cases, except where it appears that the object of granting the injunction would be defeated by the delay, direct notice of the application to be given to the opposite party before granting an injunction. Its proviso requires that, where an injunction is proposed to be granted without notice, the Court record its reasons for the opinion that the object of the injunction would be defeated by delay, and require the applicant to deliver to the opposite party, or send by speed post with registration, immediately after the order is made, a copy of the application with the supporting affidavit, the plaint and the documents relied on, and to file an affidavit of that delivery on the day the injunction is granted or the next day. (The words "speed post with registration" were substituted for "registered post" with effect from 20 December 2025.)
Under Order XXXIX Rule 4, any order for an injunction may be discharged, varied or set aside on the application of a party dissatisfied with it. The first proviso requires the Court to vacate an injunction granted without notice if the applicant knowingly made a false or misleading statement about a material particular in the application or supporting affidavit, unless for reasons recorded it considers vacating unnecessary in the interests of justice. Rule 2A provides that disobedience of an injunction or breach of its terms may be met by attachment of the disobeying person's property and detention in civil prison for up to three months.
When the court receives an application for a temporary injunction but requires time to hear the opposite party and consider the matter fully, it may grant ad interim relief — a short-term protective order that bridges the gap between the filing of the application and its final disposal. The ad interim order operates only for the intervening period and is vacated, confirmed, or modified once the injunction application is decided.
How courts have interpreted this term
Morgan Stanley Mutual Fund v. Kartick Das [Supreme Court of India, Civil Appeal No. 4584 of 1994, decided 20 May 1994]
The Supreme Court held that, as a principle, an ex parte injunction (one granted without hearing the other side) can be granted only under exceptional circumstances. The factors it listed include whether irreparable or serious mischief will ensue to the plaintiff; whether refusing the ex parte injunction would involve greater injustice than granting it; when the plaintiff first had notice of the act complained of; whether the plaintiff has acquiesced for some time; that the applicant must show utmost good faith; that any ex parte injunction should be for a limited period; and that the general principles of prima facie case, balance of convenience and irreparable loss are also considered. The Court also endorsed the earlier holding that the court must record reasons before passing an injunction without notice.
Dorab Cawasji Warden v. Coomi Sorab Warden [Supreme Court of India, Civil Appeal No. 2422 of 1989, decided 13 February 1990]
The Supreme Court held that courts can grant an interlocutory mandatory injunction in certain special circumstances. Such relief is generally granted to preserve or restore the status quo of the last non-contested status that preceded the controversy until the final hearing, but because its grant or refusal may cause great injustice or irreparable harm, the Court laid down guidelines, and the grant remains a matter of sound judicial discretion on the facts of each case. It is a decision about interim mandatory injunctions after hearing the parties, not about ad interim relief as such.
Why this matters
Ad interim orders serve as the judicial system's emergency response mechanism. In situations where even a few days' delay could cause irreversible damage — such as the demolition of a disputed structure, the alienation of contested property, or the expiry of a statutory deadline — the ad interim order provides immediate protection while the court processes the full application.
For practitioners, seeking ad interim relief requires demonstrating genuine urgency. Courts are reluctant to grant ad interim orders because they are, by nature, one-sided — the opposite party typically has not been heard. The applicant must present a strong prima facie case and demonstrate that the apprehended injury is imminent, irreparable, and cannot be adequately compensated by damages. A knowingly false or misleading statement on a material particular, in an injunction granted without notice, requires the Court to vacate the injunction under the first proviso to Order XXXIX Rule 4, unless it records reasons for not doing so.
The temporary nature of ad interim orders must be clearly understood. They do not survive indefinitely — they remain in force only until the next date of hearing or until the injunction application is decided. Under Rule 4, the order can be discharged, varied or set aside on the application of a party dissatisfied with it.
Related terms
Related concepts:
Parent provisions:
Frequently asked questions
What is the difference between ad interim and temporary injunction?
A temporary injunction is the main interim order granted after hearing both parties, which operates during the pendency of the suit. An ad interim order is a short-term, urgent protective order granted before the full hearing of the injunction application — it bridges the gap between the filing of the injunction application and its adjudication. The ad interim order is temporary even by the standards of interim relief.
How long does an ad interim order last?
An ad interim order typically operates until the next date fixed by the court for hearing the injunction application, or until the court passes further orders. It does not have a fixed duration and may be extended, modified, or vacated at each subsequent hearing depending on the circumstances.
Can an ad interim order be vacated?
Yes. Under Order XXXIX Rule 4, a party dissatisfied with an injunction can apply for it to be discharged, varied or set aside. Where an injunction was granted without notice and the applicant knowingly made a false or misleading statement about a material particular, the Court must vacate it unless, for reasons recorded, it considers that unnecessary in the interests of justice.
This entry is part of the Veritect Indian Legal Glossary, a comprehensive reference of Indian legal terminology grounded in statutory text and judicial interpretation.
Last updated: 2026-03-27. Veritect provides this content for informational purposes and does not constitute legal advice.