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Report No. 163

95. Compensation for obtaining arrest, attachment or injunction on 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 in sufficient grounds, or

(b) that 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 one 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 the Court shall not award, under this section, an amount exceeding the limits of its pecuniary jurisdiction.

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The Code of Civil Procedure (Amendment) Bill, 1997 Back




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