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

Code of Civil Procedure, 1908

Statutory text

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

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