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SECTION 136 OF CODE OF CIVIL PROCEDURE 1908

What is Procedure where person to be arrested or property to be attached is outside district? Section 136 of Code of Civil Procedure 1908

Procedure where person to be arrested or property to be attached is outside district is defined under Section 136 of Code of Civil Procedure 1908. Provisions under this Section is:

Section 136 of Code of Civil Procedure 1908 "Procedure where person to be arrested or property to be attached is outside 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 or make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property reside 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 th 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, 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 Small Causes of Calcutta, Madras 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.

Code of Civil Procedure 1908

What is the Effect of rules in First Schedule? What is the Power of certain High Courts to make rules? Section 121 and 122 of Code of Civil Procedure 1908

What is Constitution of Rule Committees in certain States? What is the meaning Committee to report to High Court? Section 123 and 124 of Code of Civil Procedure 1908

What is the Power of other High Courts to make rules? What is the meaning Rules to be subject to approval? Section 125 and 126 of Code of Civil Procedure 1908

What is Publication of rules? What are the matters for which rules may provide? Section 127 and 128 of Code of Civil Procedure 1908

What is Power of High Court to make rules as to their original Civil Procedure? What are Powers of other High Court to make rules as to matters other than procedure? What is Publication of rules? Section 129, 130 and 131 of Code of Civil Procedure 1908

What is Exemption of certain women from personal appearance? What is Exemption of other persons? Section 132 and 133 of Code of Civil Procedure 1908

What is Arrest other than in execution of decree? What is Exemption from arrest under civil process? Section 134 and 135 of Code of Civil Procedure 1908

What is Exemption of members of legislative bodies from arrest and detention under civil process? Section 135A of Code of Civil Procedure 1908

What is Procedure where person to be arrested or property to be attached is outside district? Section 136 of Code of Civil Procedure 1908

What is the Language of subordinate Courts? Section 137 of Code of Civil Procedure 1908

What is the Power of High Court to require evidence to be recorded in English? Section 138 of Code of Civil Procedure 1908

Oath on affidavit by whom to be administered? Who are Assessors in causes of salvage etc? Section 139 and 140 of Code of Civil Procedure 1908


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