CPC 1908 § Order XXXVIII, Rule 1 — Where defendant may be called upon to furnish security for appearnce

Statutory text (English)

Arrest before Judgment
Where at any
stage of a suit, other than a suit of the nature referred to in section 16, clauses (a) to (d), the Court is
satisfied, by affidavit or otherwise,—
(a) that the defendant, with intent to delay the plaintiff, or to avoid any process of
the Court or to obstruct or delay the execution of any decree that may be passed
against him,—
(i) has absconded or left the local limits of the jurisdiction of the Court, or
(ii) is about to abscond or leave the local limits of the jurisdiction of the
Court, or
(iii) has disposed of or removed from the local limits of the jurisdiction of
the Court his property or any part thereof, or
(b) that the defendant is about to leave 1[Pakistan] under circumstances affording
reasonable probability that the plaintiff will or may thereby be obstructed or
delayed in the execution of any decree that may be passed against the defendant
in the suit,
the Court may issue a warrant to arrest the defendant and bring him before the Court to show cause
why he should not furnish security for his appearance:

Provided that the defendant shall not be arrested if he pays to the officer entrusted with the
execution of the warrant any sum specified in the warrant as sufficient to satisfy the plaintiff’s claim;
and such sum shall be held in deposit by the Court until the suit is disposed of or until the further order
of the Court.

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXVIII, Rule 1 (ARREST AND ATTACHMENT BEFORE JUDGMENT): Pakistan Code portal consolidated official PDF 'THE CODE OF CIVIL PROCEDURE, 1908' (First Schedule, Orders I-LI, pp. 58-185), p. 159, 160, ingested 2026-09-15. Automated transcription from official source (pypdf extraction, audited artifact repair); human admin re-check required before production.

Verification status: verified · Text status: auto_transcribed_verified_source

The record cites an official source, but its transcription is automated or only partly checked; a human re-check is pending.

Official Urdu text status: pending_official_urdu_text. Where official Urdu wording has not been sourced, Qanoon does not substitute an unverified translation for the statutory text.

Historical text notes

1 historical record is linked to this section. Historical wording may be incomplete or pending verification; it is not presented as current law.

• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 159, 160) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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