(1.) ON technicalities notice cannot be issued on this contempt petition as the situation which has been occasioned is the contributing factor. The Civil Judge, Fatehpur continues to give date after date on an application of the petitioner that the injunction which he had issued on May 27, 1986 is being breached by the opposite parties. The application of the petitioner is under Order XXXIX Rule 2-A of the Code of Civil Procedure. When it was moved on August 13, 1990, consequent upon this court having passed orders on August 10, 1990 in contempt petition no. 625 of 1990 the Civil Judge fixed August 25, 1990 as the date. This date was changed to September 12, 1990. Today learned counsel for the petitioner has had another supplementary affidavit filed to intimate the court that this date has been changed to November 6, 1990. In paragraph 3 of the supplementary affidavit it has been submitted that the Civil Judge expressed that the application complaining of a breach of the injunction of his court may be taken up along with the suit.
(2.) TWO aspects arise on the contention made in the contempt petition
(3.) UPON appropriate changes being made on the format of the contempt petition and having served notice upon the Standing Counsel on consequential reporting let this petition be laid before the appropriate court if possible on Monday next.