Bailabel Type : bailable

Description

Section 136 of the Code of Civil Procedure (CPC) lays down the procedure to be followed when a person who is to be arrested or a property that is to be attached is located outside the district where the court is situated. This section ensures that the legal process of arrest and attachment of property is executed properly, even if the person or property falls outside the jurisdiction of the court that is issuing the order.

Key Provisions of Section 136:

1. Arrest or Attachment Outside the District:

   • If a person is to be arrested or property is to be attached in order to enforce a civil decree, but the person or property is located outside the district where the original court is situated, this section outlines the process to follow.
   • Section 136 allows the court to send the order to the district court in which the person or property is located so that the execution of the order can proceed accordingly.

2. Procedure to Be Followed:

   • When a person is to be arrested or property is to be attached outside the jurisdiction of the original court, the process must be transferred to the court of the district where the individual or property is located.
   • The district court in the location where the person or property is found will then carry out the arrest or attachment as if it were the court that originally issued the order.
   • The district court has the authority to execute the order, ensuring that the law is enforced regardless of the geographical location of the person or property.

3. Role of the Court Issuing the Order:

   • The court issuing the arrest or attachment order may forward the order to the district court where the person or property is located.
   • The district court then processes the order by following the necessary legal steps to ensure that the person is arrested or the property is attached.

4. Cooperation Between Courts:

   • The section emphasizes the cooperation between the court where the decree was passed (the original court) and the court in the district where the enforcement is to take place. This ensures the seamless enforcement of civil decrees across different districts and jurisdictions.

5. Execution of Orders in Different Jurisdictions:

   • Execution of decrees often requires cooperation between courts located in different jurisdictions. Section 136 allows the court's reach to extend beyond its district and ensures that legal processes, such as arrest and attachment, are not hindered by geographical boundaries.

6. Enforcement in Remote Locations:

   • The section is particularly important in cases where the defendant or property is located far from the original court's jurisdiction. It ensures that the rights of the decree-holder are protected and that the legal remedies granted by the court can be enforced, even if the individual or property is outside the court's direct control.

Punishment

Section 136 itself does not prescribe any punishment but sets out the procedure to be followed for the arrest or attachment of a person or property outside the district. However, there are legal consequences that could arise in certain circumstances:

1. Failure to Enforce the Order:
   • If the district court fails to carry out the order of arrest or attachment when the person or property is located within its jurisdiction, the party seeking enforcement of the decree may file a complaint or seek further legal remedies.
2. Disobedience of Court Orders:
   • If the person to be arrested evades the court order or refuses to comply, the court may take actions to ensure compliance, including issuing orders for further arrests, attachment of assets, or imposing penalties for contempt of court.
3. Misuse of the Process:
   • If a party uses this provision to harass or wrongfully attach property or arrest an individual without valid grounds, the affected party may seek remedies such as compensation or damages for wrongful actions, and the court could impose penalties.