CPC Section 95: Compensation for Obtaining Arrest, Attachment or Injunction on Insufficient Grounds –
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction granted under the last preceding section,
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 [ten] thousand rupees, 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.
As Per Amendment in punjab
Compensation for obtaining arrest, attachment or injunction on insufficient grounds.
(1) Where, in any suit in which an arrest or attachment has been effected or a temporary injunction is granted under the last preceding section, it appears to the Court that:
(a) such arrest, attachment or injunction was applied for insufficient grounds; or (b) there was no reasonable or probable ground for making the application—
the Court may, on its own motion or on the application of the aggrieved party, award such punitive compensation as it deems reasonable to the aggrieved party for the expense and injury caused to him.
(2) In addition to the compensation awardable under subsection (1), the Court may also make an order directing the party at fault to deposit such amount in the public exchequer as the Court deems just, as penalty for abusing the process of the law and wasting the time of the Court.
(3) An order under this section shall bar any suit for compensation in respect of such arrest, attachment or injunction.
Punjab Act, 14 of 2018, S. 14
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