Cpc 136
Guest
(Querist) 18 March 2012
This query is : Resolved
can a persons property be attached other than under execution.in which case court have power to attach without execution process.
Guest
(Expert) 18 March 2012
If the person fails to comply with the order of court or disobedience. The power is granted under section 94 of C.P.C
Nadeem Qureshi
(Expert) 18 March 2012
Dear Mr. Singh
according to section 94 CPC the court have power to issue a warrant to arrest or pass any order to attachment of any property.
you can read it.
94. 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 commit him so 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.
COMMENTS
(i) Provisional admission in post‑graduate medical course should not be normally granted in absence of special reason; U.P. Junior Doctors’ Action Committee v. Dr. B. Sheetal Nandwani, AIR 1992 SC 671.
(ii) Supreme Court will abstain from passing interlocutory order if it has effect or tend to be susceptible of an inference of pre-judging some important and delicate issue in main matter; Sub‑Committee of Judicial Accountability v. Union of India, AIR 1992 SC 63.
Section 136 is a procedural section,
136. Procedure where person to be arrested or property to be attached is outside district.
(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 or make an order of attachment, and send to the District
Court within the local limits of whose jurisdiction such person or property reside 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 Small Causes 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.
Feel free to Call
