RACHAPUDI SUBBA RAO Vs. ADVOCATE GENERAL ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by Rachapudi Subba Rao is directed against a judgment, dated April 23, 1975 of the High Court of Andhra Pradesh, whereby the appellant was convicted for committing gross contempt of court under Section 12 read with Sections 10 and 15 of the Contempt of Courts Act, 1971, (hereinafter referred to as the Act) and sentenced to undergo one month's imprisonment. It arises out of these facts:

(2.) The appellant filed Original Suit No. 101 of 1973 in the Court of the Subordinate Judge, Vijayawada, against five persons for declaration of his title and for injunction in respect of a building. The 1st defendant in that suit instituted Original Suit No. 275 of 1972 in the same Court against the appellant for possession of the same building and for recovery of damages for use and occupation. The 1st Additional Subordinate Judge, Vijayawada, heard the two suits together and by a common judgment, dated October 31, 1974, dismissed the appellant's suit and decreed the suit of the then 1st defendant against him with costs. The decree-holder filed petition for execution of his decree against the appellant. The latter filed an application for stay of the execution.

(3.) When the execution and the appellant's application for stay were pending, the appellant on December 25, 1974 issued notice to the Additional Subordinate Judge, who had decided the suits against him. In that notice which is a lengthy document, he inter alia made these allegations against the Judge: