Code of Civil Procedure, 1908 — Section 94: Supplemental Proceedings

94. Supplemental Proceedings. In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed,

(a)issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison ;

(b)direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property ;

(c)grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold ;

(d)appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property ;

(e)make such other interlocutory orders as may appear to the Court to be just and convenient. 95. Compensation, for obtaining arrest, attachment or injunction on in sufficient 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 ground 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 1[ten] thousand rupees, as it deems a reasonable compensation to the defendant for the expense or injury 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. PART VII APPEALS APPEALS FROM ORIGINAL DECREES 99. No decree to be reversed or modified for error or irregularity not affecting merits or jurisdiction. No decree shall be reversed or substantially varied, nor shall any case be remanded, in appeal on account of any misjoinder of parties or causes of action or any error, defect or irregularity in any proceedings in the suit, not affecting the merits of the case or the jurisdiction of the Court. APPEALS FROM APPEALATE DECREES