Section 95 CPC: Compensation for obtaining arrest, attachment or...

Section 95: Compensation for obtaining arrest, attachment or injunction on insufficient grounds

(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 pecuniar jurisdiction.

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

Footnotes in the official text

1.Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002).
2.Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977).

Questions on this section

2 questions in 8 of our papers cite Section 95. Try these from the free papers:

1. Under Section 95 of the CPC, where an attachment before judgment was applied for on insufficient grounds, the Court may, on the defendant's application, award him reasonable compensation of an amount: