Supplemental proceedings
Section 94 of the Code of Civil Procedure, 1908 deals with 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 commi The Act came into force on 01 Jan 1909.
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.
Section 94, The Code of Civil Procedure, 1908 (Act 5 of 1908).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
Referred to by 1
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.
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Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited
Court's Decision & Legal Precedent
The Arbitration and Conciliation Act, 1996, when properly read in light of its principles of party autonomy (Sections 2(6), 2(8), 19(2)), definition of arbitration (Section 2(1)(a) including arbitration administered by permanent arbitral institutions), and the commencement of arbitral proceedings (Section 21 read with institutional rules), provides that an Emergency Arbitrator's award delivered under institutional rules such as the Singapore International Arbitration Centre Rules is an 'order' under Section 17(1) of the Act. Such orders are enforceable under Section 17(2) as if they were orders of a court. No appeal lies against an order passed under Section 17(2) in enforcement of an Emergency Arbitrator's award, either under Section 37 of the Arbitration Act or under the Code of Civil Procedure, as Section 37 provides an exhaustive and exclusive remedy for appeals in arbitration matters, and Section 37(2)(b) provides appeals only for orders granting or refusing interim measures under Section 17(1), not for enforcement proceedings under Section 17(2). A party that has agreed to be governed by institutional arbitration rules cannot subsequently characterize an Emergency Arbitrator's award as a nullity and ignore it until such award is formally set aside through proper procedures, as doing so violates the rule of law and fundamental principles of obedience to court orders.
On this section: Supplemental proceedings to prevent ends of justice from being defeated. Provides for arrest, attachment, imprisonment, and receiver appointment as consequences of court orders not being obeyed. Applied to understand enforcement powers available to courts under arbitration.
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Amazon. Com Nv Investment Holdings LLC vs Future Coupons Private Limited
Court's Decision & Legal Precedent
Full party autonomy is given by the Arbitration and Conciliation Act, 1996 to have a dispute decided in accordance with institutional rules which can include Emergency Arbitrators delivering interim orders, described as 'awards'. Such orders are an important step in aid of decongesting the civil courts and affording expeditious interim relief to the parties. Such orders are referable to and are made under Section 17(1) of the Arbitration Act. Additionally, no appeal lies under Section 37 of the Arbitration Act against an order of enforcement of an Emergency Arbitrator's order made under Section 17(2) of the Act, as Section 37 provides an exhaustive code for appeals from orders under the Arbitration Act, and the legal fiction created by Section 17(2) is limited to enforcement purposes only and does not extend to appellate jurisdiction.
On this section: Provides framework for enforcement of interim orders, referenced in Section 17(1) language about court's powers
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Booz-allen & Hamilton INC vs Sbi Home Finance Ltd.
Court's Decision & Legal Precedent
Disputes relating to enforcement of mortgages by sale of mortgaged immovable property constitute actions in rem that are inherently non-arbitrable and must be adjudicated exclusively by courts of law. Where a suit is filed for enforcement of a mortgage with a request for sale of the mortgaged property, the matter cannot be referred to arbitration under Section 8 of the Arbitration and Conciliation Act, 1996, even if an arbitration agreement exists covering the dispute, because: (1) the nature and scheme of mortgage suits under Order 34 of the Code of Civil Procedure and the Transfer of Property Act reserve such adjudication exclusively for public fora (courts), (2) arbitral tribunals cannot perform the comprehensive functions required including joining all interested parties, protecting rights of third parties, taking accounts, declaring amounts due, and directing sale procedures, and (3) bifurcation of the suit into arbitrable and non-arbitrable components is not permissible under Section 8 of the Act.
On this section: Relates to supplemental proceedings; Court used this to distinguish supplemental proceedings (like temporary injunction) from main proceedings
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.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… M/s Unimexx Builders And Developers Pvt. Ltd " whereby, the Trial Court in exercise of its power under Section 94 read with Section 151 of Code of Civil Procedure ('CPC') has attached a bank account No. 603620110000748, Bank of India, Safdarjung Enclave, New Delhi in the name of M/s Unimexx Builders Pvt. Ltd. 1.1. The Petitioner herein is the defendant and the Respondent herein is the plaintiff in the civil suit. 1.2. The …
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… M/s Unimexx Builders And Developers Pvt. Ltd " whereby, the Trial Court in exercise of its power under Section 94 read with Section 151 of Code of Civil Procedure ('CPC') has attached a bank account No. 603620110000748, Bank of India, Safdarjung Enclave, New Delhi in the name of M/s Unimexx Builders Pvt. Ltd. 1.1. The Petitioner herein is the defendant and the Respondent herein is the plaintiff in the civil suit. 1.2. The …
Questions about Section 94
What have the courts held on Section 94 of the Code of Civil Procedure?
Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited (06 Aug 2021) is the leading judgment on this section among those set out below: Supplemental proceedings to prevent ends of justice from being defeated. Provides for arrest, attachment, imprisonment, and receiver appointment as consequences of court orders not being obeyed. Applied to understand enforcement powers available to courts under arbitration. Another 2 judgments on this section are set out below, all of them from the Supreme Court. They run from 2011 to 2021.
How do I find court cases under Section 94 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 94, section 94 CPC, section 94 of the Code of Civil Procedure. People searching for it also type cpc 94 e and cpc 94a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 3 reported judgments on this section are set out on this page, beginning with Amazon. Com Nv Investment Holdings LLC vs Future Retail Limited (06 Aug 2021).
What should I read with Section 94 of the Code of Civil Procedure, and has it changed?
1 other provision in this corpus refers back to it.
When did Section 94 of the Code of Civil Procedure come into force?
Section 94 of the Code of Civil Procedure, commonly called temporary injunction, and cited as CPC 94, 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
- 115. Revision2475 words
- 60. Property liable to attachment and sale in execution of decree1869 words
- 2. Definitions890 words
- 9. Courts to try all civil suits unless barred714 words
- 42. Powers of Court in executing transferred decree653 words
- 92. Public charities610 words
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.