Full physical source page · unreviewed extraction

The Code of Civil Procedure, 1908: page 212

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 212, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

Source: official India Code PDF · catalog record. Fetched 2026-10-19T23:06:46Z. SHA-256 393b8848fdfc476a21cc3abf4f0d3f510557e2dff6fc6914b1f379bea1730614.

Legal currency, territorial applicability and extraction fidelity are unverified. Catalog checksum/size differs from the delivered PDF; both identities are retained. Sections, state notes and footnotes share these physical pages. Compare the full original image.

Retained layout text

    5. Power to order bill, etc., to be deposited with officer of Court.—In any proceeding under this
Order the Court may order the bill, hundi or note on which the suit is founded to be forthwith deposited
with an officer of the Court, and may further order that all proceedings shall be stayed until the plaintiff
gives security for the costs thereof.

    6. Recovery of cost of noting non-acceptance of dishonoured bill or note.—The holder of every
dishonoured bill of exchange or promissory note shall have the same remedies for the recovery of the
expenses incurred in noting the same for non-acceptance or non-payment, or otherwise, by reason of
such dishonour, as he has under this Order for the recovery of the amount of such bill or note.

   7. Procedure in suits.—Save as provided by this Order, the procedure in suits hereunder shall be the
same as the procedure in suits instituted in the ordinary manner.

                                                       ORDER XXXVIII

                                   ARREST AND ATTACHMENT BEFORE JUDGMENT

                                                     Arrest before judgment

     1. Where defendant may be called upon to furnish security for appearance.—Where at any
stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is
satisfied, by affidavit or otherwise,—                                        e
                                                                       od
        (a) that the defendant, with intent to delay the plaintiff, or to avoid any process of the Court or to
    obstruct or delay the execution of any decree that may be passed against him,—
                                                                 aC
              (i) has absconded or left the local limits of the jurisdiction of the Court, or
                                                             di
              (ii) is about to abscond or leave the local limits of the jurisdiction of the Court, or
                                                         In
             (iii) has disposed of or removed from the local limits of the jurisdiction of the Court his
         property or any part thereof, or

        (b) that the defendant is about to leave 1[India] under circumstances affording reasonable
    probability that the plaintiff will or may thereby be obstructed or delayed in the execution of any
    decree that may be passed against the defendant in the suit,

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:

    Provided that the defendant shall not be arrested if he pays to the officer entrusted with the execution of
the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim; and such sum shall
be held in deposit by the Court until the suit is disposed of or until the further order of the Court.
    2. Security.—(1) Where the defendant fails to show such cause the Court shall order him either to
deposit in Court money or other property sufficient to answer the claim against him, or to furnish security
for his appearance at any time when called upon while the suit is pending and until satisfaction of any
decree that may be passed against him in the suit, or make such order as it thinks fit in regard to the sum
which may have been paid by the defendant under the proviso to the last preceding rule.
    (2) Every surety for the appearance of a defendant shall bind himself, in default of such appearance,
to pay any sum of money which the defendant may be ordered to pay in the suit.
   3. Procedure on application by surety to be discharged.—(1) A surety for the appearance of a defendant
may at any time apply to the Court in which he became such surety to be discharged from his obligation.
     (2) On such application being made, the Court shall summon the defendant to appear or, if it thinks
fit, may issue a warrant for his arrest in the first instance.


1. Subs. by Act 2 of 1951, s. 3, for “the States”.

                                                              212

Compare original page image