Section 94: Supplemental proceedings

Code of Civil Procedure Section 93. Exercise of powers of Advocate-General outside presidency-towns.

PART VI

SUPPLEMENTAL PROCEEDINGS

94. Supplemental proceedings.—In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed, —

(a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security commit him to the civil prison;

(b) direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Part in Red is original provisions from CPC reproduced here for reference.

Code of Civil Procedure Section 95. Compensation for obtaining arrest, attachment or injunction on insufficient ground.

Simplified Explanation:

Section 94 provides for supplemental proceedings. In order to prevent the ends of justice from being defeated the Court may issue a warrant of arrest against the defendant to bring him before the Court to show cause for giving security for his appearance or for failure thereof, to commit him to civil prison. It may also direct the defendant to furnish security and for failure thereof, to attach any of his properties, and also grant temporary injunction and in case of disobedience thereof, the person guilty can be sent to civil prison and his properties may be attached and sold. The Court has also been given a power to pass other interlocutory order as may appear to the Court to be just and convenient. Such a wide power has been given to the Court to prevent any person from defeating justice.

Generally, the Court should not pass any interim order in exercise of power under this Section unless there are compelling circumstances to do so, and while considering an application for such a relief, regard must be had to the nature of the controversy and the issues involved in the main matter. 

Judgment:

The Supreme Court in Rashtriya Ispat Nigam Ltd. V. Verma Transport Company, AIR 2006 SC 2800, placing reliance upon its earlier judgment in Vareed Jacob V. Sosamma Geevarghese, AIR 2004 SC 3992 explained the distinction between incidental and supplemental proceedings explaining that incidental proceedings are those which arise out of the main proceedings.

Reference: http://www.nja.nic.in/16%20CPC.pdf

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