BABULAL Vs. MUNICIPAL CORPN., RATLAM

JUDGEMENT

(1.) Leave granted.

(2.) The High Court appears to have proceeded on the basis that it was settled law that a person not a party to the original proceedings cannot be proceeded against in contempt. The issue is a debatable one, particularly having regard to the law on the issue particularly in S.N Banerjee v. Kuchwar Lime and Stone Co. Ltd. AIR 1938 PC 295 The order of the High Court is set aside and the matter is remanded back for reconsideration of the issue.

(3.) The appeal is disposed of accordingly.