CPC 1908 § Order XXXVIII, Rule 4 — Procedure where defendant fails to furnish security or find fresh security

Statutory text (English)

Where the
defendant fails to comply with any order under rule 2 or rule 3, the Court may commit him to 2[* * *]
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.
Attachment before Judgment

Source and verification

Source citation: CPC (Act V of 1908) First Schedule, Order XXXVIII, Rule 4 (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. 160, 161, 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

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Historical text notes

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• Date not confirmed: Consolidated current text as published in the official Pakistan Code PDF (p. 160, 161) — reflects all amendments recorded in the official footnotes up to ingest date 2026-09-15. Automated transcription; per-amendment…

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