81. Exemption from arrest and personal appearance.—In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity—
(a) the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree, and,
(b) where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person.
Text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908), as amended, including the changes for commercial disputes made by the Commercial Courts Act, 2015. Source: India Code, Government of India.
In a suit against a public officer for an act purporting to be done in his official capacity, the defendant is not liable to arrest, nor his property to attachment, except in execution of a decree. Where the Court is satisfied that the defendant cannot absent himself from duty without detriment to the public service, it must exempt him from appearing in person.