Code of Civil Procedure, 1908
Code of Civil Procedure, 1908 — Section 95: Compensation, for obtaining arrest, attachment or injunction on in sufficient grounds
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
This is the text of the provision as enacted. It is legal information, not legal advice, and it cannot account for the facts of your own matter. For advice on your situation, consult a verified advocate.
