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Section 95: Compensation for obtaining arrest, attachment or injunction on insufficient ground.

The Code of Civil Procedure, 1908Central Act · Act 5 of 1908

(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,--

(a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient grounds, or

(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable grounds for instituting the same,

the defendant may apply to the Court, and the Court may, upon such application, award against the plaintiff by its order such amount [not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the [expense or injury (including injury to reputation) caused to him]:

Provided that a Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

(2) An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.

Where this provision sits

ActThe Code of Civil Procedure, 1908
Section95
Marginal noteCompensation for obtaining arrest, attachment or injunction on insufficient ground.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 46 of 1999. . Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002).
  • substituted, Act 104 of 1976. . Subs. by Act 104 of 1976, s. 32, for "expense or injury caused to him" (w.e.f. w.e.f. 1-2-1977).

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