Section 94 of CPC : Section 94: Supplemental proceedings.

Explanation using Example

Example 1:

Scenario: Rajesh files a lawsuit against Suresh for failing to repay a loan of ₹5,00,000. Rajesh fears that Suresh might flee the city to avoid the court proceedings.

Application of Section 94:

• Clause (a): The court issues a warrant to arrest Suresh and bring him before the court to show cause why he should not give security for his appearance. Suresh fails to provide the required security, and the court commits him to civil prison to ensure he does not abscond.
• Clause (b): The court directs Suresh to furnish security to produce his car, which is worth ₹5,00,000, and place it at the disposal of the court. If Suresh fails to do so, the court orders the attachment of his car.

Example 2:

Scenario: Priya files a lawsuit against her business partner, Anil, for misappropriating company funds. Priya is concerned that Anil might sell off the company's assets to avoid returning the funds.

Application of Section 94:

• Clause (c): The court grants a temporary injunction preventing Anil from selling any company assets. Anil disobeys the court order and attempts to sell a company vehicle. The court commits Anil to civil prison and orders that the vehicle be attached and sold.
• Clause (d): The court appoints a receiver to take control of the company's assets and ensure they are managed properly. If the receiver fails to perform his duties, the court enforces the performance by attaching and selling the receiver's personal property.
• Clause (e): The court makes an interlocutory order to freeze Anil's bank accounts to prevent further misappropriation of funds, as it appears just and convenient to do so.

Example 3:

Scenario: Meera files a lawsuit against her tenant, Ravi, for not paying rent for several months and suspects that Ravi might damage the property out of spite.

Application of Section 94:

• Clause (a): The court issues a warrant to arrest Ravi and bring him before the court to show cause why he should not give security for his appearance. Ravi fails to comply, and the court commits him to civil prison.
• Clause (b): The court directs Ravi to furnish security to ensure the property is not damaged and to place the same at the disposal of the court. If Ravi fails to comply, the court orders the attachment of his personal belongings.
• Clause (c): The court grants a temporary injunction preventing Ravi from causing any damage to the property. If Ravi disobeys, the court commits him to civil prison and orders that his personal property be attached and sold.
• Clause (e): The court makes an interlocutory order to appoint a property manager to oversee the property and ensure it is maintained properly, as it appears just and convenient to do so.