Compensation for obtaining arrest, attachment or injunction on insufficient ground
Section 95 of the Code of Civil Procedure, 1908 deals with compensation for obtaining arrest, attachment or injunction on insufficient ground. 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 ap The Act came into force on 01 Jan 1909.
(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 grounds 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 1 [not exceeding fifty thousand rupees], as it deems a reasonable compensation to the defendant for the 2 [expense or injury (including injury to reputation) 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.
Section 95, 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 2
Questions about Section 95
What does Section 95 of the Code of Civil Procedure deal with?
Section 95 of the Code of Civil Procedure is headed "Compensation for obtaining arrest, attachment or injunction on insufficient ground". 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 ap
How do I find court cases under Section 95 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 95, section 95 CPC, section 95 of the Code of Civil Procedure. People searching for it also type cpc 95 27b and cpc 95 hydraulic cable cutter. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 95 of the Code of Civil Procedure, and has it changed?
2 other provisions in this corpus refer back to it.
When did Section 95 of the Code of Civil Procedure come into force?
Section 95 of the Code of Civil Procedure, cited as CPC 95, 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 15 Oct 2026. This page is not a substitute for legal advice.