JAGANNATH SINGH AND ORS. Vs. RAM NARESH SINGH

JUDGEMENT

(1.) THESE two appeals arise out of two separate proceedings in the High Court of Allahabad. Criminal Appeal No. 60 of 1968 arises out of an order by which the appellants held guilty of contempt and fined, asked the Court to vacate the order and to rehear the case. Criminal Appeal No. 59 of 1968 concerns the main order passed in the case holding the appellants guilty of contempt and imposing fines on them. We have not considered the merits of Civil Appeal No. 59 of 1968 because in our opinion, Civil Appeal No. 60 of 1968 should be allowed with the consequential order that the conviction for contempt of Court should be set aside and the case remanded to the High Court for re -hearing.

(2.) IT is not necessary to go into the facts of the case because we are only concerned with the absence of counsel and parties when the motion for contempt was heard in the High Court. The case was shown in the daily Cause List of Monday, the 1st May, 1967 before Mr. Justice Gyanendra Kumar in Court Room No. 2. On that day, there were two cases fixed at the top for dictation of judgment and for orders. Thereafter, this case was shown at the 12th place. The entry read correctly in so far as the names of the parties were concerned and the number of the case but by some, mischance, the name of the counsel was shown as Mr. C.B. Gupta in place of Mr. C.B. Misra. It appears that the case was not reached that day. It was shown the next day in the same Court its position was then No. 3. One case which had the 15th place on 1st May, 1967 was shown ahead of this case. This time, the name of the counsel was correctly mentioned.

(3.) ALTHOUGH , we are reluctant to interfere in matters of discipline, when the High Court punishes for contempt for disobedience of its orders, we think in this case, the learned judge might well have heard Mr. Misra. There is no doubt that on the 1st of May there was an error in the Cause List and it is a maxim that an act of Court should not harm any person. The omission to mention the case correctly in the Cause List was a mistake of the Court itself and some indulgence was, therefore, to be shown to the party who had been misled by this erroneous entry. It is no doubt true that on the next day, the entry was correctly made.