Simplified: This section lists various powers the court can use during a suit (supplemental to the main proceedings) to prevent the “ends of justice from being defeated”. These powers are available if prescribed (usually detailed further in the rules/Orders of the CPC). The court can:
(a) Arrest Defendant Before Judgment: Issue a warrant to arrest the defendant and bring them to court to show why they shouldn’t provide security for their appearance. If they fail to give security as ordered, they can be committed to civil prison. (See Order XXXVIII, Rules 1-4).
Example: A plaintiff shows the defendant is booking a one-way flight abroad to avoid paying a likely large debt judgment. The court might order the defendant’s arrest to ensure they provide security for their appearance.
(b) Security/Attachment Before Judgment: Direct the defendant to furnish security to produce property belonging to them, or order the attachment of their property. (See Order XXXVIII, Rules 5-13).
Example: A plaintiff shows the defendant is rapidly selling off assets to frustrate a potential decree. The court might order the defendant to provide security or attach some of their property immediately.
(c) Temporary Injunction: Grant a temporary injunction (an order to stop someone from doing something). If disobeyed, the person can be committed to civil prison, and their property attached and sold. (See Order XXXIX, Rules 1-5).
Example: In a property dispute, the court orders the defendant not to construct further on the disputed land until the case is decided.
(d) Appoint Receiver: Appoint a receiver to manage property. If the receiver fails in their duties, their own property can be attached and sold. (See Order XL).
Example: In a partnership dispute where partners cannot agree on managing business assets, the court appoints a neutral receiver to manage the business pending the suit’s outcome.
(e) Other Interlocutory Orders: Make any other interim orders that seem “just and convenient”. (Broad power, covers various procedural orders needed during a suit, see also Order XXXIX, Rules 6-10).
Example: Ordering the inspection of a property or the preservation of goods that are the subject matter of the suit.
Section 95: Compensation for obtaining arrest, attachment or injunction on insufficient grounds
Simplified: Provides a remedy if a party wrongly obtains an arrest, attachment before judgment, or temporary injunction under Section 94.
(1) When Compensation Can Be Awarded: If, in a suit where such an arrest, attachment, or injunction was granted:
(a) It appears to the court that it was applied for on insufficient grounds, OR
(b) The plaintiff’s suit fails, AND it appears there was no reasonable or probable ground for filing the suit in the first place,
THEN, the defendant can apply to the same court. The court may order the plaintiff to pay compensation to the defendant.
Amount: Such amount as the court deems reasonable for the expense or injury (including injury to reputation) caused to the defendant, but not exceeding one thousand rupees (Note: This limit was set in 1908; a higher limit of Rs. 50,000 was introduced via amendment effective 2002, but the base text shows Rs. 1000).
Proviso: The compensation awarded cannot exceed the court’s pecuniary jurisdiction limit.
(2) Bar to Separate Suit: An order determining compensation under this section bars any separate lawsuit by the defendant seeking damages for the wrongful arrest, attachment, or injunction.
Purpose: To deter parties from misusing supplemental proceedings like arrest or injunction and provide a quick remedy within the same suit for wrongful use, up to a certain monetary limit.
Example: Plaintiff P gets Defendant D’s property attached before judgment by making false allegations that D was selling it off. Later, the court finds P’s allegations were baseless (insufficient grounds). D can apply to the same court under Sec 95. The court can order P to pay D compensation (up to the limit) for the trouble and potential damage caused by the wrongful attachment. D cannot then file a separate, new lawsuit for damages for the same wrongful attachment.
