S KUPPAN Vs. MOHANA

JUDGEMENT

(1.) THIS Civil Revision Petition has been filed calling in question an order passed on 18.10.2011 by the XIIIth Assistant Judge, City Civil Court, Chennai, in Contempt SR. No: 39321 of 2011 in O.S. No: 4534 of 2010 and for a consequential direction to entertain the contempt petition and pass orders after conducting enquiry in accordance with law.

(2.) THE petitioner is the defendant in the suit who filed an application under Section 94 ) read with Section 151 Cr.P.C. praying to punish the respondent / plaintiff for contempt of Court since she made false allegations and obtained interim injunction by playing fraud upon the Court.

(3.) ON the other hand, Mr. R.Abdul Museen learned counsel appearing for the respondent submitted that there is no error or illegality in the order of the trial Court in rejecting the contempt petition. He would submit that the factum of committing an act of contempt could be decided only after trial and it is for the revision petitioner to establish the said allegation in an appropriate proceedings and therefore, the trial Court was absolutely right in rejecting the said petition.