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 — Before granting injunction, Court to direct notice to opposite party: Before granting an injunction, the Court shall, except where it appears that the object of granting the injunction would be defeated by the delay, direct notice of the application for the same to be given to the opposite party.
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 [(1994) 4 SCC 225]
The Supreme Court laid down the principles governing ad interim relief, holding that ad interim injunctions should be granted sparingly and only when the applicant demonstrates an immediate threat of irreparable harm that cannot await the hearing of the main injunction application. The Court must consider the same three factors as for temporary injunctions — prima facie case, irreparable injury, and balance of convenience — even at the ad interim stage.
Dorab Cawasji Warden v. Coomi Sorab Warden [(1990) 2 SCC 117]
The Supreme Court held that an ad interim injunction, being granted before the other side has been heard, must be exercised with extreme caution and only in cases of genuine urgency. The Court emphasised that the ad interim stage is not appropriate for determining contested questions of fact or law — it is meant only to preserve the subject matter until the court can examine the case more thoroughly.
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. Suppression of material facts by the applicant at the ad interim stage can result in vacation of the order and costs.
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. If the applicant fails to pursue the injunction application diligently, the ad interim order may be vacated for want of prosecution.
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. The opposite party can apply for vacation of the ad interim order, particularly if it was obtained by suppression of material facts, misrepresentation, or if the circumstances have changed. The court may also vacate the order suo motu if it finds that the ad interim relief was improperly granted.
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.