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The Code of Civil Procedure, 1908

( ACT NO. V OF 1908 )

Compensation for obtaining arrest, attachment or injunction on insufficient grounds.
95.(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last proceeding 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 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 1[ten thousand] Taka, 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.

  • 1
    The words "ten thousand" were substituted, for the words "one thousand" by section 5 of the Code of Civil Procedure (Third Amendment) Act, 2003 (Act No. XL of 2003)
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