Section 95 of The Code of Civil Procedure, 1908
Compensation for obtaining arrest, attachment or injunction on insufficient ground.
- (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 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 pecuniary jurisdiction.
- (2)An order determining any such application shall bar any suit for compensation in respect of such arrest, attachment or injunction.
Summary
- Provides compensation to defendants for wrongful supplemental actions taken against them.
- Triggers if an arrest, attachment, or injunction was applied for on insufficient grounds.
- Applies if the plaintiff's suit fails and there was no probable cause for starting the suit.
- Limits the compensation amount to a maximum of fifty thousand rupees.
- Prevents the award from exceeding the court's pecuniary, or monetary, jurisdiction limits.
- Bars any separate lawsuit for compensation after an order is made under this section.
Practical examples
FAQ
1. What is the maximum award under Section 95 of The Code of Civil Procedure, 1908?
Under Section 95 of the 1908 Act, the court can award a maximum sum of fifty thousand rupees.
2. When can a defendant apply for compensation under Section 95 of the Civil Procedure Code?
A defendant can apply if an arrest, attachment, or injunction against them was based on insufficient grounds or the suit had no probable cause.
3. Does a Section 95 order stop you from filing another case for damages?
Yes, Section 95 of The Code of Civil Procedure, 1908 states that an order on such an application bars any further suit for compensation.
Test yourself
1.Under Section 95 of The Code of Civil Procedure, 1908, compensation can be awarded for which of the following?
2.What is the relationship between Section 94 and Section 95 of The Code of Civil Procedure, 1908?
3.According to Section 95 of The Code of Civil Procedure, 1908, what happens to the plaintiff if they obtain an arrest warrant on insufficient grounds?
4.What is the effect of an order determining an application for compensation under Section 95 of The Code of Civil Procedure, 1908?