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

Code of Civil Procedure • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1908
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Legal Commentary & Landmark Judgments: Section 136

Section 136 establishes the procedure where a person to be arrested or property to be attached under the CPC is outside the territorial jurisdiction of the court issuing process, requiring transmission to the District Court where the person or property is situated.

  • Outside District Arrest/Attachment: Where an application is made that any person shall be arrested or that any property shall be attached under any provision of this Code, and such person resides or such property is situate outside the local limits of the jurisdiction of the court to which the application is made.
  • Transmission to District Court: The court may issue a warrant of arrest or order of attachment and send the same to the District Court within the local limits of whose jurisdiction such person or property resides or is situate.
  • District Court Execution: The District Court causes the arrest or attachment to be made by its own officers and reports compliance to the issuing court.
  • Order 38 & Interlocutory Attachment Nexus: Applies to attachments before judgment and arrest before judgment under Order 38.
Key Landmark Precedents:
  • Mahadeo Prasad Singh v. Ram Lochan, (1980) 4 SCC 354: The Supreme Court held that under Section 136, a court cannot send its own bailiff into another district; transmission to the District Court of that district is an indispensable statutory requirement.
  • Merla Ramanna v. Nallaparaju, AIR 1956 SC 87: Affirmed that Section 136 provides the statutory channel for interlocutory attachments across district boundaries.
Courtroom Practice & Strategic Litigation Guidance:

When seeking attachment before judgment of a defendant's bank account in another city under Order 38 Rule 5, pray for transmission of the order to the District Judge of that city under Section 136.