RAMAKRISHNA IYER Vs. MOHAMMED KUNJU

JUDGEMENT

(1.) THIS is a motion in contempt moved by Sri. S. Ramakrishna Iyer, Advocate, Punalur against one Mytheen Kunju Mohammed Kunju, m. M. K. Bunglow, Punalur for making a scandalous imputation against the munsiff of Punalur by stating in a transfer petition that the counsel appearing for the opposite side (Shri. Ramakrishna Iyer himself) is a near relative of the Munsiff. The respondent Mytheen Kunju Muhammed Kunju is the transferee of item No. 2 of the decree schedule in O. S. 567/1116 on the file of the Munsiff court of Kottarakara now pending execution in the Munsiff's Court of Punalur. On 24 51965 an application was moved by him in the District Court of Quilon praying for transfer of the said suit from the file of the Munsiff of Punalur. In Para. 8 of the affidavit accompanying the petition the following statement was made by him:

(2.) THE above allegation, viz. , that the Munsiff is related to the advocate appearing for the other side was denied by the advocate in as affidavit filed by him. That has been emphatically denied by the Munsiff also. THE advocate concerned as stated already is Sri. S. Ramakrishna Iyer practising at Punalur. He has brought to the notice of this court in his affidavit that the allegation is false and was intended to malign the Munsiff and bring him into discredit in the eyes of the public. On notice being issued to the party a counter-affidavit was filed by him stating that the information was supplied to him by one sulaiman of Mukaluvila Puthen Veedu, Punalur, and it later on came to his notice that the allegation was false. He, therefore, expressed regret for what has happened and tendered an unconditional apology.