Interim relief can only be in aid and as ancillary to main relief

In the case of State of Orissa v. Madan Gopal Rungta, A.I.R. 1952 S.C. 12, the Constitution Bench of the Supreme Court clearly spelt out contours within which the interim relief can be granted. The Court said that:

“an interim can be granted only in the aid of, and as ancillary to the main relief which may be available to the party on final determination of his rights in a suit or proceedings. If this be the purpose to achieve which power to grant temporary relief is conferred, it is inconceivable that where the final relief cannot be granted in the terms sought for because the statute bars granting of such a relief ipso factothe temporary relief of the same nature cannot be granted.”