CPC · Code of Civil Procedure, 1908

Section 95 CPC

Compensation for obtaining arrest, attachment or injunction on insufficient ground

Procedure & effect

(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.

FAQ — Section 95 CPC

Section 95 of the Code of Civil Procedure, 1908 (CPC) deals with “Compensation for obtaining arrest, attachment or injunction on insufficient ground”. This page explains the offence (if any), punishment, and links to Vaksera petition formats.

(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 p

No. Vaksera provides a drafting reference and petition formats only. Always verify the current bare act and local court practice.

Statute summaries on Vaksera are for advocate drafting reference only, not legal advice. Verify the current bare act and court rules before filing.