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Criminal Procedure Code QUESTION #9482
Question 1
A files a suit for rent against B. While the suit is pending, A obtains an interim injunction restraining B from transferring the tenanted property. It is later proved that A obtained the injunction on deliberately suppressed and false facts. B claims compensation. Can B obtain compensation within the same proceedings?
  • No; only the High Court can award such compensation
  • Yes; B may apply under Section 95 CPC in the same suit for compensation for having obtained the injunction on insufficient grounds, without needing a separate suit✔️
  • No; B must file a separate suit for compensation
  • Yes; but only after the injunction is vacated
Correct Answer Explanation
Section 95 CPC provides that where an arrest, attachment, or injunction is obtained on insufficient grounds, the Court in the same suit may award reasonable compensation to the defendant on his application. A separate suit is not required.