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Saturday, 14 November 2026 Judgments, law jobs and study notes, written by a practising advocate
Code of Civil Procedure, 1908 · Order XXXVIII: Arrest And Attachment Before Judgment

Order XXXVIII Rule 4 CPC: Procedure where defendant fails to furnish security or find fresh security

Bare Act text

4. Procedure where defendant fails to furnish security or find fresh security.—Where the defendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to the civil prison until the decision of the suit or, where a decree is passed against the defendant, until the decree has been satisfied:

Provided that no person shall be detained in prison under this rule in any case for a longer period than six months, nor for a longer period than six weeks when the amount or value of the subject-matter of the suit does not exceed fifty rupees:

Provided also that no person shall be detained in prison under this rule after he has complied with such order.

Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), First Schedule, as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.

In simple words

If the defendant fails to comply with an order under rule 2 or rule 3, the Court may commit him to civil prison until the suit is decided or, if a decree is passed against him, until it is satisfied. Detention cannot exceed six months in any case, or six weeks where the subject-matter does not exceed fifty rupees in amount or value. No one may be detained after complying with the order.

Order XXXVIII: Arrest And Attachment Before Judgment

  1. 1 Where defendant may be called upon to furnish security for appearance
  2. 2 Security
  3. 3 Procedure on application by surety to be discharged
  4. 4 Procedure where defendant fails to furnish security or find fresh security
  5. 5 Where defendant may be called upon to furnish security for production of property
  6. 6 Attachment where cause not shown or security not furnished
  7. 7 Mode of making attachment
  8. 8 Adjudication of claim to property attached before judgment
  9. 9 Removal of attachment when security furnished or suit dismissed
  10. 10 Attachment before judgment not to affect rights of strangers, nor bar decree-holder from applying for sale
  11. 11 Property attached before judgment not to be re-attached in execution of decree
  12. 11A Provisions applicable to attachment
  13. 12 Agricultural produce not attachable before judgment
  14. 13 Small Cause Court not to attach immovable property
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