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The Code of Civil Procedure, 1908: page 67

The Code of Civil Procedure, 1908, India Code delivered snapshot 393b8848fdfc476a, physical page 67, typed edition 77428589d4e341672ed6a3e5f663be7dec530c42d0600064ac1314302939267d. Unreviewed extraction.

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        (b) where the original purposes of the trust provide a use for a part only of the property available
   by virtue of the trust; or
        (c) where the property available by virtue of the trust and other property applicable for similar
   purposes can be more effectively used in conjunction with, and to that end can suitably be made
   applicable to any other purpose, regard being had to the spirit of the trust and its applicability to
   common purposes; or
        (d) where the original purposes, in whole or in part, were laid down by reference to an area which
   then was, but has since ceased to be, a unit for such purposes; or
        (e) where the original purposes, in whole or in part, have, since they were laid down,—
          (i) been adequately provided for by other means, or
          (ii) ceased, as being useless or harmful to the community, or
          (iii) ceased to be, in law, charitable, or
          (iv) ceased in any other way to provide a suitable and effective method of using the property
      available by virtue of the trust, regard being had to the spirit of the trust.]
   93. Exercise of powers of Advocate-General outside presidency-towns.—The powers conferred by
sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous
sanction of the State Government, exercised also by the Collector or by such officer as the State
Government may appoint in this behalf.
                                                          PART VI                 e
                                           SUPPLEMENTAL PROCEEDINGS       od
   94. Supplemental proceedings.—In order to prevent the ends of justice from being defeated the
Court may, if it is so prescribed,—                                 aC
        (a) issue a warrant to arrest the defendant and bring him before the Court to show cause why he
                                                              di
   should not give security for his appearance, and if he fails to comply with any order for security
   commit him to the civil prison;                      In
        (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.
   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,—
        (a) it appears to the Court that such arrest, attachment or injunction was applied for on insufficient
    grounds, or
        (b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable
    grounds for instituting the same,
the defendant may apply to the Court, and the Court may, upon such application, award against the
plaintiff by its order such amount 1[not exceeding fifty thousand rupees], as it deems a reasonable
compensation to the defendant for the 2[expense or injury (including injury to reputation) caused to him]:
   Provided that a Court shall not award, under this section, an amount exceeding the limits of its
pecuniar jurisdiction.
   (2) An order determining any such application shall bar any suit for compensation in respect of such
arrest, attachment or injunction.




1. Subs. by Act 46 of 1999, s. 8, for “not exceeding one thousand rupees” (w.e.f. 1-7-2002).
2. Subs. by Act 104 of 1976, s. 32, for “expense or injury caused to him” (w.e.f. 1-2-1977).


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