Code of Civil Procedure, 1908

Section 95 CPC: Compensation for Obtaining Arrest, Attachment or Injunction on Insufficient Grounds

Section 95 CPC empowers the Court, in specified circumstances, to award reasonable compensation to a defendant where an arrest, attachment or temporary injunction under Section 94 was obtained on insufficient grounds, or where the plaintiff's suit fails and there was no reasonable or probable ground for instituting it. Under the current central text, the compensation may be up to Rs. 50,000, subject to the Court's pecuniary jurisdiction.

Section 95 of the Code of Civil Procedure, 1908 provides a summary remedy to a defendant who has suffered expense or injury, including injury to reputation, because the plaintiff obtained an arrest, attachment or temporary injunction without sufficient justification in circumstances covered by the section.

Text of Section 95 of the Code of Civil Procedure, 1908

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, not exceeding fifty thousand rupees, as it deems a reasonable compensation to the defendant for the 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.

When compensation may be claimed under Section 95 CPC

The remedy may arise where an arrest, attachment or temporary injunction has actually been effected or granted under the preceding section and the Court finds that it was sought on insufficient grounds. It may also arise where the plaintiff's suit fails and the Court finds that there was no reasonable or probable ground for instituting the suit.

Maximum compensation under Section 95 CPC

The current central provision permits the Court to award reasonable compensation not exceeding Rs. 50,000. The Court cannot award an amount beyond the limit of its own pecuniary jurisdiction.

Effect of an order under Section 95 CPC

Once the Court determines an application under Section 95, subsection (2) bars a separate suit for compensation in respect of the same arrest, attachment or injunction.

Official reference: The updated central text of the Code of Civil Procedure, 1908 is available on India Code - Code of Civil Procedure, 1908.

Note: State amendments may affect the application of CPC provisions in particular jurisdictions. For a specific case, the applicable state amendments and current court rules should also be checked.