PROVISIONAL REMEDY

“A pre-judgment or pre-trial court order intended to preserve the status quo until the court issues a final judgment.”‍

A generic term referring to the process of passing of a temporary order by court,in order to protect the party from irreparable damage while a lawsuit is pending in court of law.

Main purpose is reservation of status quo until final disposition of matter.

The provisional remedies vary from state to state, but often include attachment, injunction, receivership, arrest and notice of pendency.

Gives authority to the judiciary to adopt provisional measures (inaudita altera parte)where appropriate, where any delay is likely to cause harm to the parties;where there is a demonstrable risk of damage which cannot be repaired.  

ILLUSTRATION –

A provisional remedy is something that is adapted to meet a specific emergency. It denotes a temporary process and protects the plaintiff in a suit of civil action, protecting him against loss, irreparable injury or dissipation of property while the action is pending. Lawsuits generally span over a long period of time itself and a judgment in action for example,concerning whether the defendant has right to tear the house down for meeting his mortgage payment or whether the defendant has right to cut down trees, for instance, will be of no value if the house is already broken down or the trees are already cut down. For this very reason, our legal systems provide the clause of provisional remedy.

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