CPC Mains Questions
Q. Enumerate the steps which a Civil Court may take by way of supplemental proceedings, in order to prevent the ends of Justice from being defeated ? [MPCJ2012]
Ans. Sec 94 of the CPC provides for supplemental proceedings and is the source of power of the court to grant interlocutory orders. Such supplemental proceedings are a means to an end and not an end in themselves and it operates only in consonance with the relevant rules as prescribed under the act and does not even derogate the inherent power of the court under section 151 of CPC as held in Manohar Lal Chopra Vs Seth Hiralal 1962 AIR 527. The Hon’ble apex court has also held in Vareed. Jacob.vs. Sosamma Geevarghese AIR 2004 S.C. 3992 that a supplemental proceeding is initiated with a view to prevent the ends of justice from being defeated. The supplemental proceedings may not be taken recourse to as a routine matter but only when an exigency arises thereof.
A court may take following steps by way of supplemental proceedings:-
To issue a warrant to arrest the defendant and bring him before the Court to show cause why he should not give security for his appearance, and if he fails to comply with any order for security then to commit him in the civil prison. This power has to exercise in conformity to provision of order 38-rule 1-4 of the CPC.
To direct the defendant to furnish security to produce any property belonging to him and to place the same at the disposal of the Court or order the attachment of any property. This power has to exercise in conformity to provision of order 38-rule 5 & 6 of the CPC.
To grant a temporary injunction and in case of disobedience to commit the person guilty thereof to the civil prison and order that his property be attached and sold. This step has to be taken within the scope of Order 39 – rule 1 &2 and Order 39 – rule 2 A of the CPC.
To appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property. This step has to be taken within the scope of Order 40 of the CPC.
To make such other interlocutory orders as may appear to the Court to be just and convenient. This power has to exercise in conformity to the provision of order 39-rule 6-12 of the CPC.
