Legal Glossary · Civil Procedure
Interim vs Interlocutory Order: Meaning, Explained Simply (2026)
An interim order and an interlocutory order are both temporary orders that a court passes while a case is still going on, before it gives the final decision. The two words are used almost interchangeably in Indian courts, though "interim" usually points to the temporary relief granted and "interlocutory" to any step-order during the case. Last verified October 2026. This guide explains each term, how they overlap, the provisions behind them, a short example, and the common confusions.
- Both are: temporary orders passed while a case is going on, before the final decision.
- Interim order: points to the temporary relief granted, such as a stay or a temporary injunction.
- Interlocutory order: any non-final order during the case, such as adding a party or inspection.
- Relationship: an interim order is usually a kind of interlocutory order.
- Appeal: only certain orders are appealable, mainly those listed in Order XLIII of the CPC.
01The core idea
An interim order and an interlocutory order are both temporary orders that a court passes while a case is still going on, before it gives the final decision. Both are meant to manage the case or protect a party until the matter is finally decided. In Indian courts the two words are often used to mean the same thing.
Where people try to draw a line, they usually say this: an interim order is about the temporary relief the court grants, such as a stay or a temporary injunction, while an interlocutory order is any order the court makes during the case that is not the final judgment. On that view, every interim order is interlocutory, but not every interlocutory order grants relief.
Both are temporary orders made before the final decision. Interim points to the relief granted; interlocutory points to any step-order during the case.
02What an interim order is
An interim order grants temporary relief to hold the position steady until the case is decided. Common examples are a temporary injunction, a stay of some action, interim maintenance, or an interim direction to preserve property.
In civil cases, a temporary injunction is granted under Order XXXIX of the Code of Civil Procedure, 1908, and the court can also use its inherent power under section 151 of the CPC for interim directions in a fit case. For a fuller treatment of temporary relief, see our guide on the meaning of an interim order.
An interim order usually lasts until it is changed, vacated, or the case is finally decided. It is temporary by nature and does not settle the dispute.
03What an interlocutory order is
An interlocutory order is any order a court passes during the course of a case that does not finally decide the rights of the parties. The word comes from the idea of something happening "in the middle" of the proceedings.
Examples include an order on an application to add a party, an order on inspection of documents, an order appointing a receiver or a commissioner, and an order granting or refusing a temporary injunction. These are usually made on an interlocutory application, often shortened to IA, filed while the main case is pending.
An interlocutory order keeps the case moving or protects a party, but it does not dispose of the suit.
04How they overlap and differ
| Point | Interim order | Interlocutory order |
|---|---|---|
| Nature | Temporary relief during the case | Any non-final order during the case |
| Focus | The relief granted, e.g. stay or injunction | The procedural step or direction |
| Example | Temporary injunction, interim maintenance | Order adding a party, order on inspection |
| Relationship | Usually a kind of interlocutory order | The wider category that can include interim relief |
A short example. In a suit to stop a neighbour from building on disputed land, the court's temporary injunction stopping construction until the case is decided is an interim order. The court's separate direction appointing a local commissioner to inspect and report on the site is an interlocutory order. Both are temporary and both come before the final judgment.
05Common confusions
- "They are completely different." In day-to-day Indian practice, judges and lawyers often use the two words for the same kind of temporary order. The difference is one of emphasis, not a hard legal wall.
- "An interim order is final if no one challenges it." No. It stays temporary and can be changed, vacated or merged into the final decision.
- "Every interlocutory order can be appealed." No. Only certain orders are appealable, mainly those listed in Order XLIII of the CPC. For how final results differ from step-orders, see order vs judgment vs decree.
This page is general information and not legal advice.
06Where 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.
Whether an order is treated as interim relief or a routine interlocutory step can decide whether it is appealable and how it is argued, and courts have discussed this many times. A reader who wants to see how courts have actually used these terms can search Claw and read the judgments directly. Claw covers 9,102 courts, benches and forums and 30 crore+ judgments (Supreme Court from 1950 and High Courts from 1990), and its Legal GPT returns results in under 5 seconds. You can create a FREE Claw account to start. Claw does not train on customer documents, and it does not replace an advocate who will decide how to seek or resist such an order.
07Sources and further reading
Check the current text before relying on it:
- India Code (Code of Civil Procedure, 1908): indiacode.nic.in
- Supreme Court of India (judgments): sci.gov.in
- Claw: clawlaw.in
This page is general information, last verified October 2026, and is not legal advice. The exact use of these words can vary by court and context, so read the specific order and rules.
08Frequently asked questions
What is the difference between an interim order and an interlocutory order?
Both are temporary orders passed while a case is still going on, before the final decision. An interim order usually points to the temporary relief granted, such as a stay or injunction, while an interlocutory order is any non-final order during the case. In Indian practice the words are often used interchangeably.
Is an interim order the same as a temporary injunction?
A temporary injunction is one common type of interim order. An interim order is the wider idea of temporary relief, which can also include a stay, interim maintenance or a direction to preserve property.
Under which provision is a temporary injunction granted?
In civil cases a temporary injunction is granted under Order XXXIX of the Code of Civil Procedure, 1908, and a court may also use its inherent power under section 151 of the CPC for interim directions in a fit case. Confirm the provisions against the bare Act.
What is an interlocutory application (IA)?
An interlocutory application, often shortened to IA, is an application filed while the main case is pending, asking the court for a direction or relief during the case, such as adding a party, seeking inspection, or asking for a temporary injunction.
Can an interim or interlocutory order be appealed?
Only certain orders can be appealed, mainly those listed in Order XLIII of the CPC, such as an order granting or refusing a temporary injunction. Many other interlocutory orders cannot be appealed on their own.
Does an interim order decide the case?
No. An interim order is temporary. It holds the position steady or protects a party until the court finally decides the matter, and it can be changed, vacated or merged into the final decision.