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Arrest Before Judgment (Order XXXVIII Rule 1 CPC)

Civil Procedure & Litigation Mechanics

Definition

An exceptional civil process enabling the court to issue a warrant to arrest the defendant and bring them before the court to show cause why they should not furnish security for their appearance, upon proof that they have absconded or are about to leave India to delay the plaintiff.

Example

A defendant in a multi-crore embezzlement suit purchases a one-way international air ticket and closes all local bank accounts; the commercial court issues a warrant under Order XXXVIII Rule 1 CPC commanding the sheriff to arrest the defendant at the airport.