C HARIPRASAD Vs. G VASANTHA PAI

JUDGEMENT

(1.) THIS application was filed by a private party. C. Hariprasad, for taking action by this Court for contempt under S. 3 of the Contempt of Courts Act, 1952 (Central act XXXII of 1952) against Sri G. Vasantha Pai, the respondent herein, an advocate of this Court. The application had a somewhat long and chequered history, but owing to certain developments subsequent to the filing of the application, the scope of the enquiry has been narrowed down to a considerable extent, and therefore, we propose to touch briefly on the several points raised in the present proceedings and which have formed the subject-matter of acute controversy between the rival parties.

(2.) THE petitioner Hariprasad is the second defendant in C. S. No. 65 of 1964 which was a suit filed by the Amalgamated Commercial Traders Private Limited. The suit was pending before Sadasivam, J. sitting on the Original Side of this court. Hariprasad filed I. A. No. 1838 of 1964 praying that the plaintiff's should be directed to offer security for the ultimate costs in the suit. In the affidavit filed in support of the interlocutory application, inter alia, the following allegation was made by Hariprasad:

(3.) THE application was filed originally on 2-11-1964 under Order 19 of the original Side Rules, in which event it should have come for disposal before the judge sitting on the Original Side, Sadasivam, J. but the High Court's office returned it stating that it was doubtful if the application would fall under Order 19 of the Original Side Rules, since Sri Vasantha Pai was not a party to the suit in which the contempt was alleged to have been committed. Thereupon the petitioner represented the application stating that he had struck off the reference to Order 19 of the Original Side Rules and prayed that the application might be numbered as one falling under S. 3 of the Contempt of Courts Act. Thereafter, the application seems to have come before a Bench of this Court consisting of one of us (Anantanarayanan J.) and Ramamurthi, J. , who passed an order admitting the application on 10-11-1964 after hearing counsel. They also directed the issue of the notice to the respondent returnable by 24-11-1964.