Code
Section 136. Procedure where person to be arrested or property to be attached is outside district.—
(1) Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code not relating to the execution of decrees, and such person resides or such property is situated outside the local limits of the jurisdiction of the Court to which the application is made, the Court may, in its discretion, issue a warrant of arrest or make an order of attachment and send to the District Court within whose jurisdiction such person resides or such property is situated a copy of the warrant or order together with the probable amount of the costs of the arrest or attachment.
(2) The District Court shall, on receiving the copy and the estimated costs, cause the arrest or attachment to be carried out through its own officers or a subordinate Court. It shall then inform the Court that issued the warrant or attachment order about the action taken.
(3) The Court making the arrest shall send the arrested person to the Court that issued the warrant unless the person satisfies the Court that there is sufficient reason not to do so, or furnishes adequate security for appearing before the issuing Court or for satisfying any decree that may be passed. In such cases, the Court shall release the person.
(4) Where the person to be arrested or the movable property to be attached is within the ordinary original civil jurisdiction of the High Courts at Kolkata, Chennai, or Mumbai, the copy of the warrant or attachment order, together with the estimated costs, shall be sent to the appropriate Court of Small Causes, which shall exercise the same powers as a District Court under this section.
Explanation of Section 136 CPC
Section 136 of the Code of Civil Procedure, 1908 provides the procedure that courts must follow when the person to be arrested or the property to be attached is located outside their territorial jurisdiction. This provision allows courts to obtain assistance from another competent court so that judicial orders can be enforced effectively across district boundaries.
The section applies only to arrests and attachments made under provisions of the CPC other than the execution of decrees. It ensures that jurisdictional limits do not prevent courts from carrying out lawful orders.
Power to Issue a Warrant or Attachment Order
When a court receives an application for the arrest of a person or the attachment of property situated outside its territorial limits, it may issue the necessary warrant or attachment order. Instead of enforcing the order directly, the court forwards it to the District Court having jurisdiction over the place where the person resides or where the property is located.
The court also sends the estimated expenses required to execute the arrest or attachment.
Role of the District Court
After receiving the warrant or attachment order, the District Court carries out the directions through its officers or through a subordinate court.
Once the arrest or attachment is completed, the District Court informs the court that originally issued the order. This cooperation enables courts in different districts to enforce civil procedures efficiently.
Procedure After the Arrest
When the District Court arrests the person, it generally sends the individual to the court that issued the warrant.
However, if the arrested person convinces the District Court that there is sufficient reason not to be transferred, or provides adequate security for appearing before the issuing court or satisfying any future decree, the District Court may release the person instead of sending them to the original court.
Special Rule for Certain High Court Jurisdictions
Section 136 also contains a special procedure for areas falling within the ordinary original civil jurisdiction of the High Courts of Kolkata, Chennai, and Mumbai.
In these jurisdictions, the warrant or attachment order is forwarded to the appropriate Court of Small Causes rather than to the District Court. The Court of Small Causes then performs the same functions that a District Court would perform under this section.
Purpose of Section 136 CPC
The main objective of Section 136 CPC is to facilitate cooperation between courts located in different territorial jurisdictions. The provision ensures that a court’s authority does not become ineffective merely because the person or property is located outside its district.
It also promotes efficient judicial administration by establishing a clear procedure for executing warrants and attachment orders through the appropriate local court.
Importance of Section 136 CPC
Section 136 CPC strengthens the administration of civil justice by allowing courts to enforce their orders beyond their territorial limits. It creates an effective system of coordination between courts and prevents delays in legal proceedings.
The provision also protects the rights of the person arrested by allowing them to furnish security or show sufficient cause before being transferred to the issuing court. As a result, the section balances judicial efficiency with procedural fairness.
Illustration
A civil court in Delhi orders the attachment of movable property located in Jaipur during pending proceedings that do not involve the execution of a decree. Since the property lies outside Delhi’s jurisdiction, the Delhi court sends the attachment order and the estimated execution costs to the District Court in Jaipur. The Jaipur District Court carries out the attachment and informs the Delhi court after completing the process.
In another case, a court in Bengaluru issues a warrant for the arrest of a person residing in Hyderabad. The warrant is forwarded to the Hyderabad District Court, which arrests the person. The arrested individual provides sufficient security to appear before the Bengaluru court on the scheduled date. After accepting the security, the Hyderabad District Court releases the person instead of sending them to Bengaluru.
Common Questions and Answers
1. What is the purpose of Section 136 CPC?
Answer:
Section 136 CPC provides the procedure for arresting a person or attaching property located outside the territorial jurisdiction of the court issuing the order.
2. Does Section 136 CPC apply to the execution of decrees?
Answer:
No. Section 136 applies only to arrests and attachments under the CPC that do not relate to the execution of decrees.
3. Which court executes the warrant or attachment order?
Answer:
The District Court having jurisdiction over the place where the person resides or where the property is situated executes the warrant or attachment order.
4. Can the arrested person avoid being sent to the issuing court?
Answer:
Yes. The arrested person may avoid transfer by showing sufficient cause or by furnishing adequate security for appearing before the issuing court or satisfying any decree that may be passed.
Conclusion
Section 136 CPC establishes a practical mechanism for enforcing civil court orders across territorial boundaries. By enabling courts to work together, it ensures that arrests and attachments remain effective even when the person or property is located in another district. The provision also safeguards individual rights by allowing the arrested person to provide security or present valid reasons before being transferred. Consequently, Section 136 promotes efficiency, fairness, and coordination in the administration of civil justice.
