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Criminal Procedure Code QUESTION #9506
Question 1
A obtained an injunction ex parte restraining B from constructing a boundary wall. The injunction was obtained on A's affidavit that B had commenced construction overnight. At the return date, evidence shows the affidavit was false — no construction had taken place. The Court vacates the injunction. B seeks compensation. Is B entitled to compensation and through what forum?
  • B can apply within the same suit under Section 95 CPC for compensation; the Court may award reasonable compensation if it finds the injunction was obtained on insufficient grounds✔️
  • B must file a separate suit for damages for wrongful injunction
  • The Court can impose costs but cannot award compensation
  • B can only obtain compensation through a suit in tort
Correct Answer Explanation
Section 95 CPC specifically allows a Court to award compensation to the defendant in the same suit for obtaining an arrest, attachment, or injunction on insufficient grounds, without requiring a separate suit. The Court has discretion to award an amount it considers reasonable.