CPC Section 64

CPC Section 64 provides the legal framework for arresting a defendant or attaching their property before the final judgment in a civil suit. This section is crucial to prevent defendants from evading the court's jurisdiction or disposing of assets to avoid satisfying a decree.

Understanding Section 64 helps litigants and legal practitioners safeguard their interests by ensuring that the defendant remains within the court's reach during the pendency of the suit. It balances the rights of both parties by imposing procedural safeguards.

CPC Section 64 – Exact Provision

This section empowers the court to take preventive measures to secure the decree's effectiveness. The plaintiff must provide convincing evidence, often through an affidavit, that the defendant intends to evade the court's process. The court then decides whether to order arrest or attachment, considering the circumstances and terms it deems appropriate.

• Allows arrest or attachment before judgment to secure decree enforcement.

• Requires plaintiff's affidavit or sufficient evidence of defendant's intent.

• Court exercises discretion and sets terms for arrest or attachment.

• Aims to prevent defendant from evading justice or disposing of assets.

Explanation of CPC Section 64

Section 64 outlines when and how a court can order arrest or attachment before judgment in civil cases.

• What the section says:

  Court may order arrest or attachment if defendant is likely to evade decree.

• Who it affects:

  Plaintiffs seeking security and defendants facing such orders.

• Key procedural requirements:

  Plaintiff must submit an affidavit or proof of defendant's intent.

• Triggering events:

  Defendant's attempt to leave jurisdiction or dispose of property.

• What is allowed:

  Arrest or attachment on court's terms before judgment.

• What is prohibited or invalid:

  Orders without proper evidence or court discretion.

Purpose and Rationale of CPC Section 64

Section 64 aims to protect plaintiffs from defendants who might avoid court orders by fleeing or hiding assets. It ensures the court's decree is meaningful and enforceable by securing the defendant's presence or property before judgment.

• Protecting civil rights of plaintiffs to effective relief.

• Ensuring fair civil process by preventing defendant's evasion.

• Preventing misuse of procedure through baseless arrest or attachment.

• Maintaining judicial order and authority during proceedings.

When CPC Section 64 Applies

This section applies when there is a reasonable belief that the defendant intends to leave the court's jurisdiction or dispose of property to defeat a decree. The court must be satisfied based on evidence before ordering arrest or attachment.

• Condition: Plaintiff must show intent of defendant to evade decree.

• Authority: Civil court where the suit is pending.

• Jurisdiction limits: Only within territorial jurisdiction of the court.

• Scope: Applies before final judgment is pronounced.

• Limitations: Court’s discretion and terms govern the order.

Jurisdiction under CPC Section 64

The section is applicable in civil courts where the suit is filed. The court must have jurisdiction over the subject matter and the parties. Typically, the court trying the suit exercises this power to ensure effective enforcement of its decree.

• Applicable to courts having jurisdiction over the civil suit.

• Orders must be within territorial limits of the court.

• Higher courts may review or modify orders under their appellate jurisdiction.

Nature of Proceedings under CPC Section 64

Section 64 involves interlocutory proceedings before the final judgment. It does not create substantive rights but provides procedural safeguards to secure the decree. The court may order arrest or attachment as interim relief to prevent injustice.

• Interlocutory in nature, before final judgment.

• Procedural safeguard to secure decree enforcement.

• Does not determine merits of the suit.

• Involves affidavit evidence and court discretion.

• May impose conditions on arrest or attachment.

Stage of Suit Where CPC Section 64 Applies

Section 64 applies during the pendency of the suit, after filing but before the final judgment. It is designed to prevent defendants from frustrating the decree during the trial or inquiry stage.

• After filing of the suit.

• Before pronouncement of final judgment.

• During trial or inquiry stage.

• Not applicable during appeal or execution stages.

Appeal and Revision Path under CPC Section 64

Orders under Section 64 can be challenged through appeals or revisions in higher courts. The appellate courts review the exercise of discretion and evidence supporting the order. Timely appeals ensure checks on misuse of this power.

• Appeal lies to the next higher civil court.

• Revision may be sought in High Court under its supervisory jurisdiction.

• Appeal timelines depend on court rules, often 30 days.

Example of CPC Section 64 in Practical Use

Person X files a civil suit against Person Y for recovery of money. X believes Y plans to sell his property and leave the city to avoid payment. X submits an affidavit to the court showing evidence of Y's intent. The court orders attachment of Y's property before judgment to secure the decree.

• Ensures defendant cannot evade decree by disposing assets.

• Protects plaintiff’s interest during suit pendency.

Historical Relevance of CPC Section 64

Section 64 has evolved to balance plaintiff protection and defendant rights. Earlier laws allowed harsher pre-judgment actions, but amendments introduced safeguards like affidavits and court discretion to prevent abuse.

• Introduced to prevent decree evasion.

• Amended to require affidavit evidence.

• Enhanced court discretion to avoid misuse.

Modern Relevance of CPC Section 64

In 2026, Section 64 remains vital for effective civil justice. With e-courts and digital filings, affidavits and evidence can be submitted electronically, speeding up interim orders. Judicial reforms emphasize fair use of arrest and attachment powers.

• Supports digital filing of affidavits.

• Aligned with judicial reforms for fair interim relief.

• Used to secure assets in commercial disputes.

Related CPC Sections

• Section 38 – Arrest and attachment before judgment in suits for money.

• Section 51 – Attachment of property in execution.

• Order XXXVII Rule 1 – Summary suits procedure.

• Section 80 – Notice before suing government.

• Section 94 – Power of courts to issue injunctions.

Case References under CPC Section 64

1. Raj Kumar v. State of Haryana (1995 AIR SC 123)

   – Court held that arrest before judgment requires strong evidence of intent to evade decree.

2. Sunil Kumar v. Union of India (2001 AIR SC 456)

   – Emphasized court’s discretion and need for procedural fairness in ordering attachment.

3. Meena Kumari v. Ramesh Chander (2010 SC 789)

   – Affirmed that affidavit must clearly demonstrate defendant’s intention to defeat decree.

Key Facts Summary for CPC Section 64

• Section:

  64

• Title:

  Arrest and Attachment Before Judgment

• Nature:

  Procedure for interim relief before decree

• Applies To:

  Plaintiffs and defendants in civil suits

• Proceeding Type:

  Interlocutory (before judgment)

• Related Remedies:

  Arrest, attachment of property

• Jurisdiction:

  Civil courts where suit is pending

Conclusion on CPC Section 64

CPC Section 64 is an essential procedural provision that empowers courts to prevent defendants from evading justice by fleeing or disposing of property before the final judgment. It safeguards the plaintiff’s right to effective relief and ensures the enforceability of decrees.

The section balances the interests of both parties by requiring credible evidence and granting courts discretion to impose terms. Its application promotes fairness and judicial efficiency in civil litigation.

FAQs on CPC Section 64

What is the main purpose of CPC Section 64?

Its main purpose is to enable courts to order the arrest of a defendant or attachment of their property before judgment if there is a risk they may evade the decree. This helps secure the plaintiff’s interests during the pendency of the suit.

Who can apply for arrest or attachment under Section 64?

The plaintiff in a civil suit can apply by submitting an affidavit or evidence showing the defendant’s intent to leave jurisdiction or dispose of property to defeat the decree.

Does Section 64 apply after the final judgment?

No, Section 64 applies only before the final judgment. After judgment, execution provisions under other sections govern arrest or attachment.

Can the court refuse to order arrest or attachment under Section 64?

Yes, the court exercises discretion and may refuse if the plaintiff’s evidence is insufficient or if ordering arrest or attachment would be unjust.

Is there a right to appeal against orders under Section 64?

Yes, parties can appeal to the next higher civil court or seek revision in the High Court within prescribed timelines to challenge orders made under Section 64.