Sections 93 and 94 CPC: Advocate-General Powers and Supplemental Proceedings

Sections 93 and 94 of the Code of Civil Procedure, 1908 deal with two distinct procedural subjects. Section 93 permits specified exercise of the Advocate-General's powers under Sections 91 and 92 outside the presidency-towns, while Section 94 gives Courts supplemental powers designed to prevent the ends of justice from being defeated.

Current central law: Sections 93 and 94 continue to form part of the Code of Civil Procedure, 1908. Section 94 operates only where the exercise of the listed powers is prescribed by the Code and its procedural rules.

Section 93 CPC - Exercise of Powers of Advocate-General Outside Presidency-Towns

The powers conferred by Sections 91 and 92 on the Advocate-General may, outside the presidency-towns, be, with the previous sanction of the State Government, exercised also by the Collector or by such officer as the State Government may appoint in this behalf.

Meaning and effect of Section 93

  • Section 93 relates specifically to the powers given to the Advocate-General under Sections 91 and 92 CPC.
  • Outside the presidency-towns, those powers may also be exercised by the Collector or another officer appointed by the State Government.
  • The previous sanction of the State Government is required for such exercise of power.
  • Sections 91 and 92 concern public nuisance or other wrongful acts affecting the public and suits relating to specified public charitable or religious trusts.

Section 94 CPC - Supplemental Proceedings

In order to prevent the ends of justice from being defeated the Court may, if it is so prescribed:

(a) 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 commit him to the civil prison;

(b) 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;

(c) grant a temporary injunction and in case of disobedience commit the person guilty thereof to the civil prison and order that his property be attached and sold;

(d) appoint a receiver of any property and enforce the performance of his duties by attaching and selling his property;

(e) make such other interlocutory orders as may appear to the Court to be just and convenient.

Meaning and effect of Section 94

  • The purpose of Section 94 is protective: it enables procedural measures designed to prevent the ends of justice from being defeated.
  • The Court may use the listed powers only where their exercise is prescribed by the CPC framework.
  • The powers include arrest for security of appearance, security for production of property or attachment, temporary injunction, appointment of a receiver and other just and convenient interlocutory orders.
  • The detailed procedure for these remedies is found principally in the First Schedule, including Orders XXXVIII, XXXIX and XL where applicable.

Official CPC Reference

For the authoritative central text, see the Code of Civil Procedure, 1908 on India Code.