How-To · Litigation Process · Last verified October 2026
How to File an Interim Application (2026)
A case can take years, and in that time the thing you are fighting over can be sold, demolished, or spent, or the harm can keep building. An interim application is how you ask the court to hold the position, or give you some relief, while the main case is still running. The best known is a temporary injunction, but interim applications cover a wide range, from stay and attachment to appointment of a receiver or directions to preserve property. The key is to tie your request to the recognised test for interim relief, not just to say you want it. This guide explains what an interim application is, the common types, the three-part test, how to file, and the honest limits. It is general information, not legal advice. Last verified October 2026.
- What it is: an application made inside a pending case for temporary relief until the matter is decided.
- Common types: temporary injunction under Order 39, stay, attachment before judgment, receiver, directions to preserve, interim maintenance.
- Test for an injunction: prima facie case, balance of convenience, and irreparable injury, generally all three together.
- How: draft the application, support it with an affidavit and documents, file it in the pending case, serve the other side, and argue it.
- Limits: interim relief is temporary and discretionary; an ex parte order is fragile, and breach or overreach has consequences.
01The short answer
An interim application is an application made inside a pending case asking the court for temporary relief until the matter is decided. You file it in the same court where the main case is pending, you support it with an affidavit setting out the facts, and you ask for a specific interim order, for example a temporary injunction, a stay, attachment of property, or a direction to preserve the subject matter.
For the most common interim relief, a temporary injunction, the power is in Order 39 of the Code of Civil Procedure, and the court decides it on a well-settled three-part test. Interim relief is temporary and discretionary; it does not decide the case.
02What an interim application is
An interim or interlocutory application is any application made during the life of a case, before final judgment, seeking an order that is temporary in nature. It is distinct from the main relief in the suit. The idea is to manage the position in the meantime, so that the final decision, when it comes, is not rendered meaningless by what happened while the case dragged on.
Interim applications are usually numbered as IAs within the suit and are decided by the same court. Because they are temporary, the findings are prima facie only, that is, based on a first view of the material, and do not bind the court's final decision on the merits. For what an interim order means in practice, see the meaning of an interim order.
03The common types
Interim applications cover a wide range. The most common include:
- Temporary injunction under Order 39 Rules 1 and 2, to restrain the other side from doing something (such as selling, building, or transferring) or to require them to do something until the suit is decided.
- Stay of proceedings or of execution, to hold up a step while a related matter is decided.
- Attachment before judgment or appointment of a receiver, to secure or manage property during the case.
- Directions to preserve the subject matter, inspect property, or produce documents.
- Interim maintenance or interim payments in the kinds of cases where that is available.
The temporary injunction is the workhorse; for its framework, see temporary injunctions under Order 39. In arbitration, interim relief has its own route; see Section 9 interim relief in arbitration.
04The test for interim relief
For a temporary injunction, courts apply a settled three-part test, and all three limbs generally have to be satisfied:
| Limb | What you must show |
|---|---|
| Prima facie case | On a first view, there is a serious question to be tried and you have a real, arguable case |
| Balance of convenience | The inconvenience to you if relief is refused outweighs the inconvenience to the other side if it is granted |
| Irreparable injury | Without the order you will suffer harm that cannot be adequately compensated in money later |
A prima facie case does not mean you have proved the suit; it means your case is good enough to be tried. The court weighs all three limbs together. Where a court grants an injunction, it may also require you to give an undertaking as to damages or impose conditions. For related interim orders, similar equitable considerations apply.
05How to file one, step by step
The usual sequence is:
- Draft the application under the relevant provision (for an injunction, Order 39), stating clearly the interim order you want and the grounds mapped to the test.
- Support it with an affidavit verifying the facts, and annex the documents you rely on, because interim relief is decided largely on affidavit and documents, not oral evidence.
- File it in the court where the main case is pending, with the required court fee, as an interlocutory application in that case.
- Serve the other side and argue it at the hearing. If you seek urgent relief before service, be ready to justify a short one-sided (ex parte) order, which the court will usually make limited and time-bound until the other side is heard.
If you need the matter heard quickly, the urgency routes apply; see how to get an urgent hearing in court.
06The honest limits
Three honest points. First, interim relief is temporary and discretionary. The court can grant, refuse, or modify it, and can vacate it later; it is not a win on the merits. Second, an ex parte order is fragile. An order obtained without hearing the other side is usually short and can be set aside once they are heard, and suppressing material facts to get one can backfire badly.
An interim order holds the position; it does not decide the case. The findings are prima facie and do not bind the final judgment.
Third, breach has consequences, and so does overreach. Disobeying an injunction can attract action under Order 39 Rule 2A, while an injunction wrongly obtained can expose you to costs and to the undertaking as to damages. Treat interim relief as a focused tool to protect the subject of the case, not as a way to win it early.
07Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Drafting the application and arguing the three-part test are your advocate's job, and Claw does not file the interim application for you. Where Claw helps is in the research and the tracking. Its Legal GPT lets you research across 30 crore+ judgments, with Supreme Court decisions from 1950 and High Court decisions from 1990, so you can see how courts have applied prima facie case, balance of convenience, and irreparable injury on facts like yours. Claw tracks the matter across 9,102 courts, benches and forums with hearing and order alerts, so the interim application's hearing, any ex parte order, and the date for the other side's reply are not missed. You can run a case search across Indian courts by party or advocate to confirm the status of the case the application sits in. Results return in under 5 seconds, and Claw does not train its AI models on your documents. A clean result means nothing was found on the forums and date searched, under the names used, not that no matter exists. This is general information, not legal advice.
08Sources and further reading
- India Code (Code of Civil Procedure, 1908): indiacode.nic.in
- eCourts (case status): ecourts.gov.in
- eCourts District Courts (filing and status): districts.ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. Interim relief is discretionary and the test is applied on the facts; confirm the current position and take advice before filing.
09Frequently asked questions
What is an interim application?
An interim or interlocutory application is an application made inside a pending case asking the court for temporary relief or directions until the case is decided. A common example is an application for a temporary injunction under Order 39 of the Code of Civil Procedure. It is temporary in nature and does not decide the main case.
How do I file an interim application?
Draft the application under the relevant provision, for an injunction that is Order 39, stating the interim order you want and the grounds. Support it with an affidavit verifying the facts and annex the documents you rely on, file it in the court where the main case is pending with the court fee, serve the other side, and argue it at the hearing.
What is the test for a temporary injunction?
Courts apply a settled three-part test, generally requiring all three limbs: a prima facie case, meaning a serious question to be tried and a real arguable case; the balance of convenience in your favour; and irreparable injury, meaning harm that cannot be adequately compensated in money if relief is refused.
Can I get an interim order without the other side being present?
Sometimes. A court may grant an ex parte order without first hearing the other side where urgency justifies it, but such orders are usually short and time-bound until the other side is heard, and can be set aside once they are. Suppressing material facts to obtain one can lead to the order being vacated and to costs.
Does an interim order decide the case?
No. An interim order is temporary and discretionary; it holds the position while the suit runs. Its findings are prima facie only, based on a first view of the material, and do not bind the court's final decision on the merits. The court can grant, refuse, modify, or later vacate interim relief.