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Disclaimer:: Code of Civil Procedure, 1908
Disclaimer:: Code of Civil Procedure, 1908
CODE OF CIVIL PROCEDURE, 1908
Section 81 Exemption from arrest and personal appearance
COMMENTS
Section 81 of the Code provides exemption to a public officer, in predecree proceedings, from arrest
and personal appearance, in regard to any act done by him in his official capacity. This section is an
exception to the general rule that a person can be arrested and be directed to be present in the court.
The act of the public officer should be done by him in his official capacity. Private act of an public
officer would not exempt him from arrest and personal appearance. The public servant can be
arrested and his property can be attached only in execution of a decree. The courts are enjoined to
exempt the public officer from personal appearance, if the court is satisfied, the appearance of public
servant will cause determent to the public service.
This section applies to suits only and for execution of decree, separate provisions are given in Section
82 of the Code. Rule 8 of Order XXVII also provides that the public servant shall not be liable to
arrest nor his property shall be subject to attachment except in execution of a decree.
The Code of Civil Procedure, 1908
By Anupam Srivastava
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