Section 95. Compensation, for obtaining arrest, attachment or
injunction on in sufficient 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 1 Omitted and subs. by Act No. XLVIII of 2016, s.3. 2 The words “outside the Presidencytowns” omitted by A.O., 1949. 3 Subs. by A.O., 1937.
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground 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, not exceeding 1[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.
(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 1 Omitted and subs. by Act No. XLVIII of 2016, s.3. 2 The words “outside the Presidencytowns” omitted by A.O., 1949. 3 Subs. by A.O., 1937.
(b) the suit of the plaintiff fails and it appears to the Court that there was no reasonable or probable ground 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, not exceeding 1[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.