B. THIRUMALAI Vs. T. S. THIYAGARAJAN

JUDGEMENT

(1.) A Full Bench has been constituted under orders of the Chief Justice dated 28.11.2013 in view of the stated order of reference by the Division Bench dated 30.07.2013 arising out of proceedings in a civil suit and the question posed, which appears from the referring order, is as to whether a proceeding under the Contempt of Courts Act, 1971, could be entertained by the High Court or should the matter be left for being dealt with under Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, for dealing with the contempt that is alleged in the pleadings.

(2.) While passing the order of reference, a Division Bench referred to the view expressed by another Division Bench in Contempt Petition D.No.52641 of 2010, decided on 10.03.2011 (V.Uma vs. V.Balaji).

(3.) Even though, in our opinion, since there was no difference of opinion expressed in the referring order dated 30.07.2013 nor the point of reference framed, yet, a veiled doubt was expressed and on the strength whereof, the matter was placed before a 3 Judges Bench vide order dated 28.11.2013.