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Section 95 – Civil Procedure Code 1908

Civil Procedure Code 1908

 

 

95. Compensation for obtaining arrest, attachment or injunction on insufficient grounds.

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,1[not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the 2[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 peculiar jurisdiction.

 

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

 

1. Subs, by Act No. 46 of 1999, section 8 for “not exceeding one thousand rupees” (w.e.f. 1 -7-2002).

2. Subs. by Act No. 104 of 1976, sec. 32 for “expense or injury caused to him” (w.e.f. 1-2- 1977).

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Civil Procedure Code 1908

 

Indian Laws – Bare Acts

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