BareLaws
SECTION
5 interpreted terms

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

From: 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 tempora ry 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 r easonable 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 c ompensation to the defendant for the 2[expense or injury (including injur y 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 su ch application shall bar any suit for compensation in respect of such arrest, attachment or injunction.