Section 136 of CPC : Section 136: Procedure Where Person To Be Arrested Or Property To Be Attached Is Out Side District

Explanation using Example

Imagine a scenario where a business owner in Mumbai has filed a lawsuit against a supplier located in Kolkata for breach of contract. The Mumbai court, where the lawsuit is filed, needs to ensure that the supplier does not flee or dispose of their assets before the case is heard. The business owner requests the court to issue a warrant for the supplier's arrest and to attach the supplier's property as a precautionary measure.

The Mumbai court, upon finding merit in the application, decides to issue the warrant and the order of attachment. However, since the supplier resides in Kolkata, outside the Mumbai court's jurisdiction, the Mumbai court sends the warrant and order, along with the estimated costs of the arrest or attachment, to the District Court of Kolkata.

The Kolkata District Court, upon receiving these documents and costs, directs the local police to arrest the supplier and attaches the property as ordered. It then informs the Mumbai court about the successful execution of the warrant and attachment.

If the supplier is arrested in Kolkata, the local court there will either send him to Mumbai to appear before the court which issued the arrest warrant or, if he provides a valid reason or security, may release him with the condition that he appears in the Mumbai court or complies with any future decree.