CPC 136 — Procedure where person to be arrested or property to be attached is outside district

Code of Civil Procedure, 1908

Statutory text

(1)
Where  an  application  is  made  that  any  person  shall be  arrested  or  that  any  property  shall  be  attached
under any provision of this Code not relating to the execution of decrees, and such person resides or such
property is situate outside the local limits of the jurisdiction of the Court to which the application is made,
the Court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the
District Court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be
made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment.
(3) The Court making an arrest under this section shall send the person arrested to the Court by which
the  warrant  of  arrest  was  issued,  unless  he  shows  cause  to  the  satisfaction  of  the  former  Court  why  he
should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before
the  later  Court  or  for  satisfying  any  decree  that  may  be  passed  against  him  by  that  Court,  in  either  of which cases the Court making the arrest shall release him.
(4) Where a person to be arrested or movable property to be attached under this section is within the
local  limits  of  the  ordinary  original  civil  jurisdiction  of  the  High  Court  of  Judicature  at  Fort  William  in
Bengal or at Madras or at Bombay,

*** the copy of the warrant of arrest or of the order of attachment, and  the  probable  amount  of  the  costs  of  the  arrest or  attachment,  shall  be  sent  to  the  Court  of  Small-
Causes of Calcutta, Madras

[or Bombay], as the case may be, and that Court, on receipt of the copy and amount, shall proceed as if it were the District Court.

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