Case Note & Summary
The Appellant, Ramchandra Bihari Yadav, was the defendant in S.C. Suit No. 1379 of 1991 filed by the Respondent, The Zoroastrial Radih Society. On 28th February 1992, the trial court granted an ad-interim injunction restraining the Appellant from interfering with the Respondent's possession of the suit property. Despite being served with the injunction order, the Appellant willfully disobeyed it by continuing to interfere. Consequently, the Respondent filed Contempt Notice of Motion No. 2425 of 1992. The trial court made the notice absolute on 26th November 1996, directing the Appellant to be detained in civil prison for two months. The Appellant challenged this order under Section 104 of the Code of Civil Procedure, 1908. The High Court heard the appeal ex parte as the Respondent was served but did not appear. The court examined the record and found that the Appellant had clear knowledge of the injunction and his actions constituted willful disobedience. The court held that the trial court's order was justified and the sentence of two months' imprisonment was not excessive. The appeal was dismissed, confirming the contempt order.
Headnote
A) Contempt of Court - Willful Disobedience of Injunction - Section 104, Code of Civil Procedure, 1908 - Order 39 Rule 1 CPC - The Appellant was restrained by an ad-interim injunction from interfering with the Respondent's possession. Despite service, the Appellant continued to interfere, leading to a contempt notice. The trial court made the notice absolute and sentenced the Appellant to two months' civil imprisonment. The High Court upheld the order, finding the disobedience willful and the sentence proportionate. (Paras 1-3)
Issue of Consideration
Whether the Appellant's disobedience of the ad-interim injunction was willful and whether the contempt notice was rightly made absolute.
Final Decision
Appeal dismissed. The order of the trial court making the contempt notice absolute and sentencing the Appellant to two months' civil imprisonment is upheld.
Law Points
- Contempt of court
- willful disobedience
- injunction
- civil imprisonment
- Order 39 Rule 1 CPC
- Section 104 CPC
