Code of Civil Procedure, 1908
95.Compensation for
obtaining arrest, attachment or injunction on insufficient grounds.-
(1) Where, in any suit
in which an arrest or attachment has been effected or a temporary injunction
granted under the last receding section, -
(a)
it appears to the Court that such arrest, attachment or injunction was and 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 ground 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, not exceeding one thousand rupees, as it
deems a reasonable compensation to the defendant for the expense or injury
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.