Section 136 of CPC : Section 136: Procedure where person to be arrested or property to be attached is outside district.

Explanation using Example

Example 1:

Scenario: Rajesh, a businessman in Delhi, files a lawsuit against Suresh, who resides in Mumbai, for breach of contract. Rajesh believes that Suresh might flee the country to avoid legal proceedings.

Application: Rajesh's lawyer files an application in the Delhi Court to arrest Suresh to ensure he attends the court hearings. Since Suresh resides outside the jurisdiction of the Delhi Court, the Delhi Court issues a warrant of arrest and sends it to the District Court in Mumbai along with the probable costs of the arrest.

Procedure: The District Court in Mumbai receives the warrant and the costs, and instructs its officers to arrest Suresh. Once arrested, Suresh is informed about the warrant and is given the option to either be sent to the Delhi Court or provide sufficient security for his appearance in the Delhi Court. Suresh decides to furnish security, and the Mumbai Court releases him on the condition that he will appear before the Delhi Court as required.

Example 2:

Scenario: Priya, a resident of Chennai, files a lawsuit against a company based in Kolkata for non-payment of dues. Priya believes that the company might dispose of its assets to avoid paying the dues.

Application: Priya's lawyer files an application in the Chennai Court to attach the company's movable property located in Kolkata. Since the property is outside the jurisdiction of the Chennai Court, the Chennai Court issues an order of attachment and sends it to the District Court in Kolkata along with the probable costs of the attachment.

Procedure: The District Court in Kolkata receives the order and the costs, and instructs its officers to attach the company's movable property. The officers attach the property and inform the Chennai Court about the attachment. The company is then given the option to either contest the attachment in the Kolkata Court or provide sufficient security to satisfy any decree that may be passed by the Chennai Court. The company decides to contest the attachment, and the matter proceeds accordingly.

Example 3:

Scenario: An individual, Anil, residing in Bangalore, has a pending lawsuit against him in the High Court of Judicature at Bombay. The plaintiff believes that Anil might sell his car, which is currently in Bangalore, to avoid paying any potential judgment.

Application: The plaintiff's lawyer files an application in the High Court of Judicature at Bombay to attach Anil's car. Since the car is located outside the jurisdiction of the Bombay High Court, the court issues an order of attachment and sends it to the Court of Small-Causes in Bangalore along with the probable costs of the attachment.

Procedure: The Court of Small-Causes in Bangalore receives the order and the costs, and instructs its officers to attach Anil's car. The officers attach the car and inform the High Court of Judicature at Bombay about the attachment. Anil is then given the option to either contest the attachment in the Bangalore Court or provide sufficient security to satisfy any decree that may be passed by the Bombay High Court. Anil decides to provide security, and the Bangalore Court releases the car on the condition that Anil will comply with the Bombay High Court's orders.