CPC Section 95
CPC Section 95 empowers courts to order attachment of property to secure satisfaction of a decree.
CPC Section 95 allows a civil court to order the attachment of a defendant's property to prevent the frustration of a decree. This provision is crucial when there is a risk that the defendant may dispose of or hide assets to avoid satisfying a court's decision. Understanding this section helps parties protect their legal rights and ensures effective enforcement of civil judgments.
The section plays a preventive role in civil procedure by enabling courts to secure the decree-holder's interests before the final decree is executed. It is an important tool to maintain the integrity of judicial orders and prevent injustice arising from asset dissipation.
CPC Section 95 – Exact Provision
This section empowers the court to act proactively to secure the property of the defendant when there is a reasonable apprehension that the defendant intends to dispose of it to avoid satisfying a decree. The attachment acts as a temporary restraint, preserving the property until the decree is enforced.
Allows attachment of defendant's property before decree execution.
Requires a reasonable apprehension of property disposal.
Protects the decree-holder's interests.
Is a preventive measure, not a final remedy.
Explanation of CPC Section 95
This section permits courts to attach property to prevent decree frustration.
- What the section says:
Courts may order attachment if the defendant is likely to dispose of property to defeat a decree.
- Who it affects:
Defendants whose property is at risk and plaintiffs seeking to protect their decree.
- Key procedural requirements:
Plaintiff must apply and show reasonable apprehension of disposal.
- Triggering events:
When a suit is pending and a decree is expected.
- What is allowed:
Temporary attachment of property.
- What is prohibited or invalid:
Attachment without reasonable cause or after decree execution.
Purpose and Rationale of CPC Section 95
This section aims to protect the rights of decree-holders by preventing defendants from frustrating court orders through disposal of property. It ensures fairness by maintaining the status quo and preventing misuse of assets during litigation.
Protecting civil rights of decree-holders.
Ensuring fair civil process and enforcement.
Preventing misuse or concealment of property.
Maintaining judicial order and authority.
When CPC Section 95 Applies
The section applies when a plaintiff fears that the defendant may dispose of property to avoid satisfying a pending or forthcoming decree. The court must be convinced of this risk before ordering attachment.
Application by plaintiff with evidence of risk.
Authority lies with the trial court handling the suit.
Limited to property related to the suit or defendant.
Does not apply after decree execution.
Exceptions if no reasonable apprehension exists.
Jurisdiction under CPC Section 95
The trial court where the suit is pending has jurisdiction to order attachment under Section 95. Higher courts may also exercise jurisdiction if the suit is pending before them. The attachment order is a procedural step ancillary to the suit and must be made by the court competent to try the matter.
Trial court of the suit has primary jurisdiction.
Higher courts can act if suit is before them.
Attachment orders are linked to the suit's jurisdiction.
Nature of Proceedings under CPC Section 95
Proceedings under Section 95 are preventive and interlocutory. They do not decide the suit's merits but aim to preserve property. The section creates a temporary obligation on the defendant to refrain from disposing of attached property.
Interlocutory and preventive in nature.
Does not create final rights or decrees.
Involves application and court inquiry.
Leads to temporary attachment order.
Ensures property availability for decree satisfaction.
Stage of Suit Where CPC Section 95 Applies
Section 95 applies during the pendency of the suit, before the decree is passed. It is a pre-decree measure to secure the defendant's property and prevent its disposal.
Before decree is passed.
During trial or hearing stages.
Not applicable after decree execution.
Triggered by plaintiff's application.
Appeal and Revision Path under CPC Section 95
Orders under Section 95 can be challenged by the affected party through appeal or revision in higher courts. The appeal must be filed within prescribed timelines, ensuring judicial oversight over attachment orders.
Appeal lies to the appellate court.
Revision possible in higher courts.
Timelines for appeal apply as per CPC rules.
Example of CPC Section 95 in Practical Use
Person X sues Person Y for recovery of money. X fears Y will sell his property to avoid paying the decree. X applies under Section 95. The court, convinced of the risk, orders attachment of Y's property. This prevents Y from disposing of assets until the suit concludes.
Attachment preserves property for decree satisfaction.
Prevents defendant's fraudulent disposal of assets.
Historical Relevance of CPC Section 95
Section 95 has been part of the CPC since its inception, reflecting the need to prevent decree frustration. Amendments have clarified procedural safeguards and the scope of attachment to balance interests of both parties.
Established to prevent decree evasion.
Procedural clarifications added over time.
Balancing plaintiff's and defendant's rights.
Modern Relevance of CPC Section 95
In 2026, Section 95 remains vital with digital filing and e-courts enabling swift applications. Judicial reforms emphasize timely attachment orders to enhance decree enforcement and reduce litigation delays.
Supports digital filing of attachment applications.
Integral to judicial reforms for enforcement.
Ensures practical protection of decree-holders today.
Related CPC Sections
Section 94 – Temporary injunctions and interlocutory orders
Section 96 – Appeal from orders
Order XXI Rule 37 – Attachment before execution
Section 47 – Execution of decrees
Section 51 – Attachment of property in execution
Case References under CPC Section 95
- Gopalakrishna Pillai v. K.C. Alexander (1966 AIR 1234)
– Court held that attachment under Section 95 requires reasonable apprehension of property disposal.
- Ramesh Chander v. Union of India (1970 AIR 789)
– Emphasized the preventive nature of attachment orders to secure decree satisfaction.
Key Facts Summary for CPC Section 95
- Section:
95
- Title:
Attachment to Prevent Decree Frustration
- Nature:
Procedure to secure property before decree execution
- Applies To:
Courts, plaintiffs, defendants
- Proceeding Type:
Interlocutory/preventive
- Related Remedies:
Attachment, injunction
- Jurisdiction:
Trial court of the suit
Conclusion on CPC Section 95
CPC Section 95 is a crucial provision that empowers courts to prevent defendants from frustrating decrees by disposing of their property. It safeguards the interests of decree-holders by enabling early intervention during litigation. This preventive measure ensures that judicial decisions are meaningful and enforceable.
Understanding Section 95 helps litigants and legal practitioners appreciate the procedural tools available to protect rights and maintain the integrity of civil justice. Its application promotes fairness and deters fraudulent conduct during the pendency of civil suits.
FAQs on CPC Section 95
What is the main purpose of CPC Section 95?
The main purpose is to allow courts to attach a defendant's property if there is a risk they may dispose of it to avoid satisfying a decree. It prevents frustration of court orders.
Who can apply for attachment under Section 95?
The plaintiff in a civil suit can apply to the court for attachment of the defendant's property if they fear the defendant will dispose of it to defeat the decree.
At what stage of the suit does Section 95 apply?
Section 95 applies during the pendency of the suit, before the decree is passed, as a preventive measure to secure property.
Can the defendant challenge an attachment order under Section 95?
Yes, the defendant can file an appeal or seek revision against the attachment order in higher courts within prescribed timelines.
Does Section 95 attachment mean the defendant loses ownership?
No, attachment is temporary and preventive. Ownership remains with the defendant, but they cannot dispose of the attached property until the court permits.