SUPPLEMENTAL PROCEEDINGS TO SECURE THE END OF JUSTICE  :  ATTACHMENT OF PROPERTY BEFORE JUDGMENT:  COMPENSATION FOR OBTAINING INTERIM RELIEF ON INSUFFICIENT GROUNDS:

WHAT IS SUPPLEMENTAL PROCEEDINGS / PRE-TRIAL REMEDIES:

Pre-trial remedies are designed to deal with the position of the parties pending the trial, to maintain, as far as possible, the status quo ante, and to preserve, protect, and where necessary, enhance the rights and interests of the parties during the interval between the commencement of proceedings and the trial.

SUPPLEMENTAL PROCEEDINGS TO SECURE THE END OF JUSTICE: U/S 94 CPC

In order to prevent the ends of justice from being defeated, the court may, if so prescribed:

1. ISSUE A WARRANT TO ARREST THE DEFENDANT:

The court may issue a warrant to arrest the defendant and bring him before the court to show cause why he should not furnish security for his appearance. If he fails to comply with any order for security, the court may commit him to civil custody.

Under Order XXXVIII, Rule 1, the court is empowered to issue a warrant to arrest the defendant and to bring him before the court to show cause why he should not furnish security for his appearance. The court may use this power in the following circumstances, where the defendant:

a. Intends to delay the proceedings, or
b. Avoids the process of the court, or
c. Delays the execution of any decree, or
d. Is leaving Pakistan under circumstances that afford reasonable probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any decree passed against him.

Every such warrant of arrest must specify the sum sufficient to satisfy the plaintiff's claim. If the defendant pays the sum, he shall not be arrested. If the defendant fails to comply with the order under Order XXXVIII, Rule 2, the court may commit him to prison until the decision of the suit.

2. ATTACHMENT OF PROPERTY BEFORE JUDGMENT:

Where, at any stage of the suit, the court is satisfied by affidavit or otherwise that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him:

a. Is about to dispose of the whole or any part of his property, or
b. Is about to remove the whole or any part of his property from the local limits of the jurisdiction of the court,

The court may direct the defendant to furnish security in the sum specified in the order. The court may also simultaneously order the conditional attachment of the whole or any part of the property under Order XXXVIII, Rule 5.

If the defendant fails to furnish the security, the court may order attachment of his property under Order XXXVIII, Rule 7.

3. GRANT OF TEMPORARY INJUNCTIONS:

To secure the ends of justice, the court may grant temporary injunctions and, in case of disobedience, punish the guilty party. The cases and procedure for granting temporary injunctions are provided under Order XXXIX.

Rule 1 of Order XXXIX provides that the court may grant a temporary injunction where it is proved by affidavit or otherwise that:

a. The property in suit is in danger of being wasted, damaged, or alienated; or
b. The defendant threatens or intends to remove or dispose of his property with a view to defraud his creditors.

However, the discretion to grant a temporary injunction is not absolute. In exercising this discretion, the court must be guided by the following principles:

i. The plaintiff has a prima facie good case;
ii. The balance of convenience lies in favor of the grant of injunction; and
iii. The plaintiff would suffer irreparable loss if the injunction is refused.

The equitable remedy of injunction will not be granted where an alternate efficacious remedy is available.

Power to punish disobedience of temporary injunction:

Disobedience or violation of a temporary injunction is punishable:

a. As contempt of court; and
b. Under Order XXXIX, Rule 2(3), the court may order detention of the person in prison for a term not exceeding six months.

4. APPOINTMENT OF RECEIVER:

Under Order XL, Rule 1, the court may appoint a receiver before or after the decree. Where it appears just and convenient, the court may enforce the performance of his duties by attaching and selling property.

A receiver may even be appointed in declaratory suits, though this power should be exercised in exceptional cases.

5. GRANT OF OTHER INTERLOCUTORY ORDERS:

The court may issue other interlocutory orders under Order XXXIX as may appear just and convenient, such as:

i. An order directing the interim sale of movable property during the pendency of the suit (Rule 6);
ii. An order for detention, preservation, or inspection of the subject matter of the suit (Rules 7 and 8);
iii. An order directing a party to be put in immediate possession of land which is the subject matter of the suit (Rule 9); and
iv. Where the subject matter is money or another thing capable of delivery, an order for its deposit in court or delivery to a named party (Rule 10).

A. COMPENSATION FOR OBTAINING INTERIM RELIEF ON INSUFFICIENT GROUNDS:

Where the plaintiff obtains interim relief such as arrest, attachment of property, or temporary injunctions on insufficient grounds, the defendant has two remedies:

i. The remedy of a regular suit for damages; and
ii. The remedy provided under Section 95 of the CPC.

According to Section 95, the court may, on the defendant’s application, award compensation not exceeding ten thousand rupees or such amount as falls within its pecuniary jurisdiction if:

a. The arrest, attachment, or injunction was obtained on insufficient grounds;
b. The plaintiff's suit fails; and
c. There was no sufficient ground to institute the suit.