🛠 Part VI · Supplemental Proceedings — Map (§§94–95 overview) ↗

CPC, 1908 · Part VI · Supplemental Proceedings · The court’s holding powers

Section 94 — Supplemental proceedings

A suit takes time — and a defendant may use that time to abscond, hide assets, or change the position so that any decree is worthless. Section 94 arms the court with holding powers to prevent that: arrest and attachment before judgment, temporary injunctions, receivers, and other interlocutory orders — all “to prevent the ends of justice from being defeated.”

§ 94

How to read Section 94

Why it exists

To keep a suit meaningful — the court can make holding orders so a defendant cannot frustrate the eventual decree by absconding or dissipating property.

Five powers

(a) arrest before judgment · (b) attachment before judgment / security · (c) temporary injunction · (d) receiver · (e) other interlocutory orders.

Worked by the Rules

§ 94 only enables — “if it is so prescribed.” The procedure is in the Orders: XXXVIII (arrest / attachment before judgment), XXXIX (injunctions), XL (receiver).

The bare Act

Section 94 · verbatim

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;→ Arrest before judgment — Order XXXVIII, rr. 1–4

(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;→ Attachment before judgment — Order XXXVIII, rr. 5–13

(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;→ Temporary injunctions — Order XXXIX

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;→ Receiver — Order XL

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.→ Other interlocutory orders — as the justice of the case requires

Section 94 stands as in the original 1908 Code — unamended. It is purely enabling: the substantive conditions and procedure for each power are in the Rules (Orders XXXVIII–XL). It opens Part VI — Supplemental Proceedings.

Key terms decoded

Supplemental proceedings

Orders made alongside the main suit to preserve the position until judgment — not the final relief, but protective / holding measures.

To prevent the ends of justice from being defeated

The guiding purpose: stop a party from rendering the suit infructuous — e.g. by fleeing or stripping away the property in dispute.

If it is so prescribed

The powers are exercised only in the manner the Rules prescribe — § 94 confers the power; the Orders supply the conditions.

Arrest before judgment (a)

The court may have the defendant arrested to show cause for security; default → civil prison. Governed by Order XXXVIII, rr. 1–4.

Attachment before judgment (b)

The court may demand security, or attach the defendant’s property, to keep it available for the decree. Order XXXVIII, rr. 5–13.

Temporary injunction (c)

An interim order to do or not do something pending the suit; disobedience → civil prison + attachment & sale. Order XXXIX.

Receiver (d)

A neutral person appointed to manage / hold disputed property pending the suit. Order XL.

Interlocutory order (e)

Any other interim order the court finds just and convenient — a residual, catch-all power.

The picture — the court’s holding toolbox

§ 94 is the court’s holding toolbox: five interim powers that keep the dispute — and the property in it — within reach until the suit is decided. Each tool is worked by its own Order.

Section 94, part by part

The purpose

In order to prevent the ends of justice from being defeated

The whole section is purposive — every power below exists to stop the suit being rendered infructuous before it is decided.

The enabling

the Court may, if it is so prescribed,—

The court may (a discretion), and only as the Rules prescribe, make any of the following orders.

(a) Arrest

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;

Arrest before judgment: secure the defendant’s presence — he shows cause for security; default sends him to civil prison. (Order XXXVIII, rr. 1–4.)

(b) Attachment

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;

Attachment before judgment: demand security to keep the property available, or attach it outright. (Order XXXVIII, rr. 5–13.)

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;

Temporary injunction: an interim order to act or refrain; disobedience is met with civil prison and attachment & sale. (Order XXXIX.)

(d) Receiver

appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

Receiver: a neutral custodian to hold / manage disputed property, the court enforcing his duties. (Order XL.)

(e) Other orders

make such other interlocutory orders as may appear to the Court to be just and convenient.

A residual catch-all: any other interim order the court thinks just and convenient — flexibility beyond the named four.

Connected provisions

Section 94 opens Part VI — Supplemental Proceedings (§§ 94–95). It is the enabling source for the interim Orders — XXXVIII (arrest & attachment before judgment), XXXIX (temporary injunctions), XL (receivers). Its companion § 95 awards compensation where such an order was obtained on insufficient grounds.

Order XXXVIIIArrest & attachment before judgment — the rules behind (a) and (b).

Order XXXIXTemporary injunctions & interlocutory orders — the rules behind (c).

Order XLReceivers — the rules behind (d).

§ 95 →Compensation for arrest / attachment / injunction obtained on insufficient grounds.

🛠 Part VI MapPart VI — Supplemental Proceedings §§ 94–95.

Test yourself

1 A defendant is about to leave India to defeat a likely decree. What can the court do? — arrest him before judgment, or attach his property [§ 94(a)/(b); Order XXXVIII].

2 Does § 94 itself lay down when each order may be made? — No — it only enables; the conditions are “as prescribed” in Orders XXXVIII–XL.

3 Is the court limited to the four named powers? — No — (e) lets it make any other interlocutory order that is just and convenient.

Part VI · Supplemental Proceedings · Section 94 — Supplemental proceedings.