SUPPLEMENTAL PROCEEDINGSCentral

Section 94 of The Code of Civil Procedure, 1908

Supplemental proceedings.

In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,—

(a)issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;
(b)direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;
(c)grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;
(d)appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;
(e)make such other interlocutory orders as may appear to the Court to be just and convenient.

Summary

This section outlines powers to prevent the ends of justice from being defeated.
Courts can issue warrants to arrest a defendant to ensure they provide security for appearance.
The court may order property attachment or security for its production.
It allows the granting of temporary injunctions during a suit.
Courts can appoint receivers and enforce their duties via property sales.
It permits other interlocutory orders, which are interim decisions, that are just and convenient.

Practical examples

1Priya is suing a contractor who is about to leave the state to avoid a trial. Under Section 94, the court issues a warrant for the contractor's arrest to compel him to show cause for security.

2In a dispute over a mango orchard, the defendant starts cutting down trees. The court grants a temporary injunction under Section 94 of the 1908 Code to stop the cutting until the case ends.

FAQ

1. What is the purpose of Section 94 of The Code of Civil Procedure, 1908?

The purpose of Section 94 of the 1908 Act is to prevent the ends of justice from being defeated through interim court powers.

2. Can a court sell property before a final judgment under Section 94 of the 1908 Code?

Yes, under Section 94 of the 1908 Code, a court can order property to be attached and sold to enforce an injunction or receiver's duties.

3. Does Section 94 allow for civil arrests before a trial?

Yes, Section 94 of The Code of Civil Procedure, 1908 allows a court to issue a warrant to arrest a defendant to secure their appearance.

Test yourself

1.Under Section 94 of The Code of Civil Procedure, 1908, a court may grant a temporary injunction and, in case of disobedience, commit the person to which location?

2.Which of the following interim measures is authorized by Section 94 of The Code of Civil Procedure, 1908?

3.Under Section 94 of The Code of Civil Procedure, 1908, why does a court issue supplemental orders?

4.Which section of The Code of Civil Procedure, 1908 allows a court to commit a person to civil prison for disobeying a temporary injunction?

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