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Section136
The Code of Civil Procedure, 1908

Procedure where person to be arrested or property to be attached is out side district

In force From 01 Jan 1909 Act 5 of 1908 As on 14 Oct 2026

Act 5 of 1908 Ministry Law and Justice Enacted 21 Mar 1908 In force 01 Jan 1909

Section 136 of the Code of Civil Procedure, 1908 deals with procedure where person to be arrested or property to be attached is out side district. Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the The Act came into force on 01 Jan 1909.

(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situate outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue, a warrant of arrest of make an order of attachment, and send to the District Court within the local limits of whose jurisdiction such person or property resides or is situate a copy of the warrant or order, together with the probable amount of the costs of the arrest or attachment.

(2) The District Court shall, on receipt of such copy and amount, cause the arrest or attachment to be made by its own officers, or by a Court subordinate to itself, and shall inform the Court which issued or made such warrant or order of the arrest or attachment.

(3) The Court making an arrest under this section shall send the person arrested to the Court by which the warrant of arrest was issued, unless he shows cause to the satisfaction of the former Court why he should not be sent to the later Court, or unless he furnishes sufficient security for his appearance before the later Court or for satisfying any decree that may be passed against him by that Court, in either of which cases the Court making the arrest shall release him.

(4) Where a person to be arrested or movable property to be attached under this section is within the local limits of the ordinary original civil jurisdiction of the High Court of Judicature at Fort William in Bengal or at Madras or at Bombay, 1 *** the copy of the warrant of arrest or of the order of attachment, and the probable amount of the costs of the arrest or attachment, shall be sent to the Court of SmallCauses of Calcutta, Madras 2 [or Bombay], as the case may be, and that Court, on receipt of the copy and amount, shall proceed as if it were the District Court.

Section 136, The Code of Civil Procedure, 1908 (Act 5 of 1908).

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Bharat Bhushan Bhargava vs Mohit Bhargava

    Supreme Court of India 20 Apr 2007 Binding (Supreme Court)

    Court's Decision & Legal Precedent

    When a decree holder seeks to execute a decree against immovable property lying outside the territorial jurisdiction of the executing court, the executing court is mandatorily bound (not discretionary) to transfer the decree to the court within whose local limits the property is situated, unless the property constitutes an estate or tenure that falls within the jurisdiction of multiple courts under Order XXI Rule 3 of the Code of Civil Procedure. This mandate arises from Section 39(4) of the Code as amended by Amendment Act 22 of 2002 (effective 1.7.2002), which withdrew the earlier discretionary power and imposed a duty on executing courts to desist from proceeding against property outside their jurisdiction. However, interim restraint orders (such as Mareva injunctions or freezing orders) can be validly passed and maintained by a court even if the property is outside its jurisdiction, as these are orders of restraint and not orders of final execution, and do not attract the jurisdictional limitation of Section 39(4).

    On this section: Provides for order of attachment of property outside jurisdiction and transmission to concerned district court; explicitly excludes execution of decrees from its scope.

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 136

What have the courts held on Section 136 of the Code of Civil Procedure?

Bharat Bhushan Bhargava vs Mohit Bhargava (20 Apr 2007) is the leading judgment on this section among those set out below: Provides for order of attachment of property outside jurisdiction and transmission to concerned district court; explicitly excludes execution of decrees from its scope.

How do I find court cases under Section 136 of the Code of Civil Procedure?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: CPC 136, section 136 CPC, section 136 of the Code of Civil Procedure. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Bharat Bhushan Bhargava vs Mohit Bhargava (20 Apr 2007).

When did Section 136 of the Code of Civil Procedure come into force?

Section 136 of the Code of Civil Procedure, cited as CPC 136, came into force on 01 Jan 1909, having been enacted on 21 Mar 1908. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.