Code of Civil Procedure, 1908
81.Exemption from
arrest and personal appearance.-
In a suit instituted
against a public officer in respect of any act purporting to be done by him in
his official capacity-
(a) the defendant
shall not be liable to arrest nor his property to attachment otherwise than in
execution of a decree, and,
(b) where the Court is
satisfied that the defendant cannot absent himself from his duty without detriment
to the public service, it shall exempt him from appearing in person.