CHINNASAMI THANJIROYAR Vs. PICHAI MARICAR

JUDGEMENT

(1.) THIS petition arises out of an order made by the District Munsiff of Tiruturaipundi inflicting a fine of Rs. 50 on the petitioner who had appeared as a wtiness for the plaintiff in a suit before him. The petitioner vainly appealed to the District Judge of East Tanjore. He therefore comes to this Court on the ground that the District Munsiff had no jurisdiction to impose a fine and that therefore the District Judge was wrong in confirming such an order.

(2.) A preliminary objection was taken on behalf of the respondent that in such a matter only one appeal is allowed and reference was made to Section 104(h) of the Code of Civil Procedure. This section, however, refers to an order imposing a fine and made under the provisions of the Code. As I hold that the order was not made under any of the provisions of the Code and that the learned District Munsiff had no jurisdiction, this section does not apply and the objection must be overruled.

(3.) THE learned District Judge confirmed the order and held that the Court can punish contempts which take place "under its note in proceedings before it." He cites as authority for this proposition Sections 480 and 485 of the Code of Criminal Procedure. It is not necessary to set out these sections at length and it is enough to say that they relate to offences committed in the view or presence of the Court or by a witness or a person called to produce a document before a Criminal Court who refuses to do so and offers no reasonable excuse for his refusal. In such cases the Court may institute proceedings against him in accordance with the Code.