Scope of Order XXXVIII Rules 1 to 5 CPC Power under Order XXXVIII, Rule 1 seeking arrest of a person is a drastic and extraordinary power and......

Case Laws March 06, 2022

Scope of Order XXXVIII Rules 1 to 5 CPC Power under Order XXXVIII, Rule 1 seeking arrest of a person is a drastic and extraordinary power and such power should not be exercised mechanically or merely for the asking. It should be used sparingly and strictly in accordance with the Rule. Similarly, provisions of Rules 1 to 5 can only be exercised in favour of a plaintiff and not a defendant against a co-defendant. The said provisions cannot be handed over as a sword in the hands of a litigant to achieve oblique motives rather the same has been incorporated for the help of the court to ensure that unscrupulous defendant does not render the decree of court as toothless piece of paper.