Section 136 of The Code of Civil Procedure, 1908
Procedure where person to be arrested or property to be attached is out side district.
- (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, 1 *** 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 SmallCauses of Calcutta, Madras 2 [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.
Summary
- This rule explains what happens when a court needs to arrest someone or take property that is located outside its own district.
- The court can choose to issue an arrest warrant or an attachment order and send it to the District Court where the person or property is.
- The receiving District Court must record the order and have its own officers carry it out.
- If a person is arrested this way, they must be sent to the court that wanted them, unless they provide enough money or security to satisfy the case.
- For certain specific cities like Calcutta, Madras, or Bombay, special rules apply to ensure the local court handles the request properly.
Practical examples
FAQ
1. What happens if property to be attached is outside the court's district under Section 136 of The Code of Civil Procedure, 1908?
Under Section 136 of the Act, the court sends a copy of the attachment order and the estimated costs to the District Court where the property is located.
2. Who executes an arrest warrant sent to another district under Section 136 of the Civil Procedure Code?
According to Section 136 of the Code, the District Court that receives the warrant will have it executed by its own officers or a subordinate court.
3. Under Section 136 of the 1908 Code, can an arrested person avoid being sent to the original court?
Yes, Section 136 of the Act allows the arrested person to be released if they provide sufficient security for their appearance or to satisfy the decree.
4. Does Section 136 of the Code of Civil Procedure, 1908, apply to properties in cities like Bombay or Madras?
Yes, Section 136 of the Code includes special instructions for sending orders to the Courts of Small Causes in these specific cities.
Test yourself
1.Under Section 136 of The Code of Civil Procedure, 1908, where does a court send an arrest warrant for someone in another district?
2.What must be sent along with an order of attachment to another district under Section 136 of The Code of Civil Procedure, 1908?
3.Under Section 136 of The Code of Civil Procedure, 1908, what must the receiving District Court do with a warrant it receives from another district?
4.How does Section 136 of The Code of Civil Procedure, 1908, interact with the exemptions in Section 135A?