GHANSHYAM SINGH JAINER Vs. N RAVISHANKAR AND ORS

JUDGEMENT

(1.) This special appeal has been filed under Rule 5 of Chapter VIII read with Rule 10 of Chapter IX of the Rules of the Court, 1952. The appellant has filed the special appeal challenging the order of the learned Single Judge dated 9.3.2009 passed in Civil Contempt Petition No. 387 of 2005 (Ghanshyam Singh Jainer v. Sri N. Ravishankar and Ors.).

(2.) Before this special appeal is heard on its merit, the appellant must satisfy this Court as to the maintainability of the present special appeal, inasmuch as the special appeal has been filed challenging the order of the learned Single Judge dated 9.3.2009 which has been passed in a contempt jurisdiction whereby the learned Single Judge has rejected the contempt petition on grounds that no civil contempt made out, as the orders of the High Court have been complied with. In other words, the learned Single Judge has refused to exercise his jurisdiction given to him under the Contempt of Courts Act read with Article 215 of the Constitution of India.

(3.) The Contempt of Courts Act, 1971 provides for a statutory appeal under Section 19 of the Act, which reads as follows: