Introduction
Section 136 of the Code of Civil Procedure, 1908 deals with the procedure to be followed where a person or property connected with civil process is situated outside the local limits of the Court’s jurisdiction.
The provision is concerned with situations where a Court needs to have its process carried out beyond its ordinary territorial jurisdiction.
Section 136 creates a procedural mechanism for transmitting the necessary process to the appropriate authority so that the order of the Court can be executed outside its local jurisdiction.
Section at a Glance
| Particular | Details |
|---|---|
| Section | Section 136 CPC |
| Subject | Proceedings where property is outside jurisdiction |
| Nature | Procedural |
| Main purpose | To facilitate execution of certain civil processes outside the local jurisdiction of the Court |
| Key concept | Transmission of process |
| Important distinction | The Court issuing the process may need the assistance of another authority where the person or property is outside its jurisdiction |
Meaning of Section 136 CPC
In simple terms:
Section 136 provides the procedure for carrying out certain processes of a civil Court when the person to be arrested or the property to be attached is outside the local limits of that Court’s jurisdiction.
The provision recognises a basic principle of territorial jurisdiction:
A Court ordinarily exercises its coercive procedural powers within the limits of its jurisdiction.
Where the relevant person or property is located outside those limits, Section 136 provides a mechanism through which the process can be transmitted for execution.
Purpose and Object of Section 136
The main objective of Section 136 is to prevent territorial boundaries from making the Court’s lawful process ineffective.
A Court may have jurisdiction over a proceeding, but the person to be arrested or the property to be attached may be located elsewhere.
Section 136 facilitates cooperation between the Court issuing the process and the authority responsible for carrying it out in the place where the person or property is situated.
The provision therefore supports the effective implementation of judicial orders across territorial boundaries.
When Does Section 136 Apply?
Section 136 becomes relevant when:
- A Court has issued a process under the CPC.
- The person to be arrested or the property to be attached is situated outside the local limits of that Court’s jurisdiction.
- The process therefore needs to be executed outside the ordinary territorial jurisdiction of the issuing Court.
The Section then provides the procedural mechanism for forwarding the process to the appropriate authority.
Persons and Property Covered
Section 136 principally contemplates two situations:
1. Person to be Arrested
Where a person against whom an arrest process has been issued is outside the local jurisdiction of the Court, Section 136 provides the procedure for transmitting the process for execution.
2. Property to be Attached
Where property that is required to be attached is situated outside the local jurisdiction of the Court, the process relating to attachment can be transmitted for execution in the place where the property is located.
Thus, the two important expressions to remember are:
Person → Arrest
Property → Attachment
Territorial Jurisdiction and Section 136
Civil Courts generally exercise their procedural authority within defined territorial limits.
However, litigation frequently involves:
- Persons living in another district;
- Property situated in another district;
- Parties carrying on activities outside the Court’s jurisdiction;
- Assets located outside the jurisdiction.
Section 136 provides a procedural solution to this territorial problem.
It allows the process to move through the appropriate administrative or judicial channel so that the Court’s order can be given effect outside its immediate jurisdiction.
Procedure Under Section 136
The basic procedure can be understood as follows:
Step 1 – Court Issues Process
The competent Court issues the necessary process, such as an arrest process or attachment process.
Step 2 – Person or Property Is Outside Jurisdiction
The Court determines that the person to be arrested or the property to be attached is situated outside its local jurisdiction.
Step 3 – Process Is Transmitted
The process is sent to the appropriate authority for execution in the place where the person or property is located.
Step 4 – Local Authority Executes the Process
The receiving authority takes the necessary steps for carrying out the process according to law.
Step 5 – Result Is Communicated
The result of the execution is communicated through the prescribed procedure to the Court that issued the process.
Important Role of the District Court
Section 136 operates through the appropriate judicial and administrative machinery.
Where the person or property is outside the jurisdiction of the issuing Court, the process may be forwarded to the District Court within whose jurisdiction the person or property is situated, or through the prescribed channel for execution.
The exact procedural route depends upon the nature of the process and the applicable provisions of the CPC.
Section 136 and Arrest
Section 136 may become relevant when an arrest is authorised under the CPC but the person to be arrested is located outside the local limits of the issuing Court.
The provision does not itself create a new and independent power of arrest.
Instead:
The arrest must already be legally authorised; Section 136 provides the mechanism for carrying out the arrest outside the issuing Court’s territorial jurisdiction.
This distinction is important.
Section 136 and Attachment of Property
Section 136 also addresses circumstances where property requiring attachment is situated outside the jurisdiction of the Court.
For example:
A Court passes an order requiring attachment of property, but the property is located in another district.
The issuing Court cannot simply ignore territorial limitations and directly exercise its ordinary local process over the property.
Section 136 provides a mechanism through which the process can be transmitted to the appropriate authority for execution where the property is situated.
Section 136 Is Procedural, Not Jurisdiction-Creating
One of the most important principles is:
Section 136 does not confer substantive jurisdiction over a person or property merely because the process is transmitted.
The issuing Court must already possess the necessary jurisdiction to deal with the underlying matter.
Section 136 merely provides a procedural method for carrying out the Court’s process outside its ordinary local limits.
Therefore:
Jurisdiction → must exist independently
Section 136 → facilitates execution of process outside the local jurisdiction
Practical Example – Arrest
Suppose a civil Court issues a lawful arrest process against a person.
The person is found to be residing outside the local limits of the issuing Court.
The issuing Court may use the procedure contemplated by Section 136 to transmit the process to the appropriate authority in the place where the person is located.
The local authority can then take the necessary steps to execute the process.
Practical Example – Attachment
Suppose a Court orders attachment of property belonging to a party.
The property is situated outside the local jurisdiction of the Court.
The Court can transmit the attachment process through the appropriate mechanism so that the property can be attached in accordance with law.
The location of the property therefore does not automatically make the Court’s order ineffective.
Section 136 and Section 135
These provisions deal with different issues.
| Basis | Section 135 | Section 136 |
|---|---|---|
| Subject | Exemption from arrest | Proceedings where person/property is outside jurisdiction |
| Main purpose | Protect specified persons from civil arrest | Facilitate execution of process outside local jurisdiction |
| Key concern | Whether a person can be arrested | How the process can be executed outside jurisdiction |
| Nature | Exemption | Procedural mechanism |
Easy distinction:
Section 135 = Can the person be arrested?
Section 136 = How can the process be carried out when the person/property is outside jurisdiction?
Section 136 and Section 134
| Basis | Section 134 | Section 136 |
|---|---|---|
| Subject | Arrest other than in execution of decree | Process involving person/property outside jurisdiction |
| Main function | Applies Sections 55, 57 and 59 to specified arrests | Facilitates execution of process outside local jurisdiction |
| Key concern | Rules applicable after/around arrest | Territorial execution of process |
| Nature | Procedural extension | Procedural transmission |
Section 136 and Execution Proceedings
Section 136 should not be confused with the general execution provisions contained in Order XXI.
Execution of a decree is governed primarily by the provisions dealing with execution and transfer of decrees.
Section 136 concerns the specific procedural problem of carrying out certain processes when the relevant person or property is outside the jurisdiction of the issuing Court.
Therefore, the practitioner should first identify the nature of the proceeding and then determine whether Section 136 or the provisions relating to transfer and execution of decrees apply.
Important Features of Section 136
1. It addresses territorial difficulties
The provision becomes relevant when the person or property is outside the local limits of the Court.
2. It facilitates judicial cooperation
The issuing Court can use the prescribed mechanism to have its process executed through the appropriate authority.
3. It does not create jurisdiction
The provision does not independently give the issuing Court jurisdiction over a person or property.
4. It is procedural
The Section primarily concerns the method of giving effect to a Court’s process.
5. It covers both persons and property
The two principal situations are:
- Arrest of a person outside jurisdiction.
- Attachment of property outside jurisdiction.
Common Confusions About Section 136
1. Section 136 does not mean a Court has unlimited territorial power
The Court remains subject to the territorial framework of the CPC.
2. Section 136 does not itself authorise arrest
There must be an independent legal basis for the arrest.
3. Section 136 does not itself create a right to attach property
The attachment must be authorised by the relevant provision or order.
4. It should not be confused with transfer of a decree
Transfer of decrees for execution involves separate provisions and procedures.
5. The location of the person or property is central
The Section becomes relevant because the person or property is outside the local limits of the issuing Court.
Practical Importance in Civil Litigation
Section 136 becomes particularly relevant where:
- A person required to be arrested is outside the Court’s jurisdiction.
- Property requiring attachment is situated in another district.
- A Court needs another authority to execute its process.
- A litigant attempts to resist process merely because the relevant person or property is outside the issuing Court’s local limits.
An advocate should carefully determine:
- What process has been issued?
- Under which provision is that process authorised?
- Where is the person or property located?
- Is the person or property outside the local jurisdiction?
- What authority is required to execute the process?
- Does another provision of the CPC prescribe a different procedure?
Importance for Law Students and Judiciary Exams
Section 136 is primarily tested through its territorial and procedural function.
What to Remember
- Section 136 deals with proceedings where the relevant person or property is outside the jurisdiction of the Court.
- It facilitates execution of process outside the local limits of the issuing Court.
- It is relevant to the arrest of persons and attachment of property.
- It does not independently create jurisdiction.
- It does not independently create a power of arrest or attachment.
- The process is transmitted through the prescribed judicial or administrative mechanism.
- It should be distinguished from the provisions concerning transfer of decrees for execution.
Important Questions to Prepare
- What is the object of Section 136 CPC?
- When does Section 136 become applicable?
- Explain the procedure under Section 136 where the person to be arrested is outside the jurisdiction.
- Explain the procedure where property to be attached is outside the jurisdiction.
- Does Section 136 confer jurisdiction upon a Court?
- Does Section 136 independently authorise arrest?
- Distinguish Section 136 from Section 135 CPC.
- Distinguish Section 136 from the provisions relating to transfer of decrees for execution.
- Explain the territorial significance of Section 136.
Key Legal Principles
1. Territorial limits remain important
A civil Court ordinarily exercises its procedural powers within its prescribed territorial jurisdiction.
2. Section 136 provides a procedural solution
Where a person or property is outside that jurisdiction, the Section facilitates transmission of the process for execution through the appropriate authority.
3. The underlying power must already exist
Section 136 does not independently create the power to arrest or attach.
4. Jurisdiction and execution are different concepts
A Court may have jurisdiction over a proceeding while requiring assistance from another authority to execute a particular process outside its local limits.
5. Person and property are both relevant
The provision is important for both:
Arrest → person outside jurisdiction
Attachment → property outside jurisdiction
Key Takeaways
| Concept | Principle |
|---|---|
| Section | Section 136 CPC |
| Core subject | Proceedings involving a person or property outside the Court’s local jurisdiction |
| Main purpose | Facilitate execution of Court process outside local limits |
| Person | Process for arrest may be transmitted |
| Property | Process for attachment may be transmitted |
| Nature | Procedural |
| Important limitation | Does not independently create jurisdiction, arrest power or attachment power |
| Related provisions | Sections 134, 135 and Order XXI CPC |
ALSO READ: Section 135A – Exemption of Members of Legislative Bodies
Conclusion
Section 136 CPC provides a procedural mechanism for dealing with situations where the person to be arrested or the property to be attached is outside the local jurisdiction of the Court.
Its primary purpose is to ensure that territorial boundaries do not make a lawful judicial process ineffective. The issuing Court can transmit the necessary process through the prescribed mechanism so that the appropriate authority can execute it where the person or property is located.
The most important distinction is that Section 136 facilitates execution of an existing process; it does not itself create jurisdiction or independently authorise arrest or attachment.
Easy Formula to Remember
Section 136 = Person/Property Outside Jurisdiction + Transmission of Process + Execution by Appropriate Authority.
