CPC Section 79

CPC Section 79 empowers courts to pass temporary or interim orders during the course of civil proceedings. These orders help protect the rights of parties and prevent injustice before the final decision is made. Understanding this section is crucial for litigants seeking timely relief in ongoing suits.

Interim orders under Section 79 can include injunctions, stays, or other directions necessary to maintain the status quo. This procedural tool ensures fair trial and prevents harm that could arise from delays in the judicial process.

CPC Section 79 – Exact Provision

This section grants courts broad discretion to issue temporary orders during civil suits. These interlocutory orders are not final judgments but serve to protect parties' interests until the case concludes. The court aims to prevent injustice or misuse of legal procedures by acting promptly.

• Allows courts to pass temporary orders during any stage of a suit.

• Aims to secure justice and prevent abuse of court process.

• Includes injunctions, stays, or other necessary directions.

• Orders are interlocutory and not final decisions.

• Ensures parties’ rights are protected pending final judgment.

Explanation of CPC Section 79

Section 79 authorizes courts to issue interim orders to safeguard justice during civil proceedings.

• What the section says:

  Courts may make interlocutory orders at any stage of the suit.

• Who it affects:

  Parties involved in civil litigation seeking temporary relief.

• Key procedural requirements:

  Application or motion before the court; discretion exercised by the judge.

• Triggering events:

  Risk of injustice, potential abuse of process, or need to maintain status quo.

• What is allowed:

  Injunctions, stays, or directions to prevent harm.

• What is prohibited or invalid:

  Final decisions or orders beyond the scope of interim relief.

Purpose and Rationale of CPC Section 79

The section exists to empower courts to act swiftly and prevent injustice during ongoing civil suits. It helps maintain fairness by allowing temporary measures that protect parties’ rights until a final judgment is delivered.

• Protecting civil rights pending final decision.

• Ensuring fair civil process through timely intervention.

• Preventing misuse or delay tactics in litigation.

• Maintaining judicial order and integrity of proceedings.

When CPC Section 79 Applies

Section 79 applies at any stage of a civil suit when the court deems an interim order necessary to protect rights or prevent abuse of process. It is a flexible provision used to address urgent issues during litigation.

• Applicable at any stage of the suit—before, during, or after trial.

• Authority lies with the presiding civil court or judge.

• Limited to temporary or interlocutory orders, not final judgments.

• Scope includes injunctions, stays, or other protective directions.

• Exceptions if specific statutes provide alternate remedies.

Jurisdiction under CPC Section 79

Any civil court hearing the suit has jurisdiction to pass interim orders under Section 79. The power is inherent and exercised by the court before final disposal of the case. Lower courts and courts of original jurisdiction commonly use this section to grant temporary relief.

• Applicable to courts where the suit is pending.

• Includes district courts, civil courts, and courts of original jurisdiction.

• Higher courts may also exercise power during appeals or revisions.

Nature of Proceedings under CPC Section 79

Proceedings under Section 79 involve interlocutory applications or motions requesting temporary relief. These are procedural steps distinct from the main trial and do not decide the substantive rights finally. The section creates a procedural right to seek interim protection.

• Involves interlocutory or interim applications.

• Does not create substantive rights but protects existing ones.

• Orders are temporary and subject to modification or vacating.

• Ensures procedural fairness and prevents harm during litigation.

Stage of Suit Where CPC Section 79 Applies

Section 79 can be invoked at any stage—before filing, after filing, during trial, or even during appeal—to grant interim orders. This flexibility allows courts to respond promptly to evolving circumstances in the suit.

• Before filing: Rarely applicable, but courts may grant temporary relief in some cases.

• After filing: Common stage for interim applications.

• During trial: Courts frequently pass interlocutory orders to manage proceedings.

• During appeal: Higher courts may grant interim relief pending final decision.

• During execution: Limited scope; other provisions may apply.

Appeal and Revision Path under CPC Section 79

Interim orders under Section 79 are generally appealable or subject to revision depending on the court’s rules. Parties aggrieved by such orders can seek higher court intervention within prescribed timelines to challenge or modify the interim relief.

• Appeals lie to higher courts as per procedural rules.

• Revisions may be filed to challenge interim orders.

• Timelines for appeal or revision are usually short to ensure prompt justice.

Example of CPC Section 79 in Practical Use

Person X files a suit for breach of contract. During the trial, X fears that the defendant may dispose of disputed property. X applies under Section 79 for an interim injunction to prevent sale or transfer. The court grants the injunction, preserving the property until final judgment.

• Interim relief prevents irreparable harm to X.

• Shows how courts protect parties’ rights during litigation.

Historical Relevance of CPC Section 79

Section 79 has been part of the CPC since its inception, reflecting the need for courts to manage suits effectively. Amendments have clarified the scope and procedural aspects of interim orders to balance fairness and judicial efficiency.

• Established early to empower courts with interim powers.

• Amended to define limits and procedural safeguards.

• Has evolved with judicial interpretations enhancing its application.

Modern Relevance of CPC Section 79

In 2026, Section 79 remains vital for civil justice, especially with e-courts enabling faster interim applications. Judicial reforms have streamlined procedures, making interim relief more accessible and effective in protecting rights during litigation.

• Supports digital filing and virtual hearings for interim applications.

• Integral to judicial reforms promoting timely justice.

• Widely used to prevent misuse and maintain order in suits.

Related CPC Sections

• Section 94 – Power to issue injunctions and appoint receivers

• Order XXXIX Rule 1 & 2 – Temporary injunctions and interlocutory orders

• Section 151 – Court’s inherent powers

• Section 80 – Notice before suing government

• Section 96 – Appeals from original decrees

Case References under CPC Section 79

1. M.C. Chockalingam v. M. Krishnaswami (1958) AIR 646

   – Courts have wide discretion to grant interim orders to prevent injustice during suits.

2. Harbanslal Sahnia v. Union of India (1967) AIR 1239

   – Interim injunctions under Section 79 protect parties from irreparable harm pending trial.

3. State of Rajasthan v. Union of India (1977) AIR 1361

   – Abuse of process can be checked through interlocutory orders under this section.

Key Facts Summary for CPC Section 79

• Section:

  79

• Title:

  Power to Grant Interim Orders

• Nature:

  Procedure for interlocutory orders

• Applies To:

  Civil courts, parties in suits

• Proceeding Type:

  Interim relief applications

• Related Remedies:

  Injunction, stay, interlocutory directions

• Jurisdiction:

  Courts where suit is pending

Conclusion on CPC Section 79

CPC Section 79 is a crucial provision that empowers courts to issue interim orders to protect parties’ rights during civil litigation. It ensures that justice is not delayed or defeated by procedural tactics or potential harm before the final judgment.

The section’s flexibility allows courts to respond to urgent needs at any stage of the suit. Its role in maintaining fairness and preventing abuse of process makes it indispensable in India’s civil justice system.

FAQs on CPC Section 79

What types of interim orders can courts pass under Section 79?

Courts can pass injunctions, stays, or other interlocutory orders necessary to protect parties’ rights or prevent abuse of the court process during civil suits.

At what stage of a suit can Section 79 be invoked?

Section 79 applies at any stage—before filing, during trial, or even on appeal—whenever the court finds interim relief necessary to secure justice.

Are interim orders under Section 79 final?

No, interim orders are temporary and interlocutory. They protect rights pending the final decision but do not determine the substantive issues of the case.

Can interim orders under Section 79 be appealed?

Yes, parties aggrieved by interim orders can appeal or seek revision in higher courts within prescribed timelines to challenge or modify such orders.

Does Section 79 apply to all civil courts?

Yes, any civil court where the suit is pending has the jurisdiction to pass interim orders under Section 79 as part of its procedural powers.