HUB LAL YADAV Vs. MAHENDRA AND 4 OTHERS

JUDGEMENT

(1.) This intra court appeal filed under Chapter VIII, Rule 5 of Allahabad High Court Rules is directed against the judgment of the learned Single Judge dated 5.12.2016 whereby the contempt application has been dismissed as not maintainable following the view taken by the Apex Court in the case of Kanwar Singh Saini v. High Court of Delhi; (2012) 4 SCC 307 .

(2.) The learned Single Judge has held that the applicant has the remedy under the provisions of Order 39, Rule 2A of the C.P.C. then the question of filing a contempt application under the Contempt of Courts Act would be misconceived. It is this law which the learned Single Judge has followed.

(3.) An appeal against the order of contempt court is provided under Section 19 of Contempt of Courts Act and such appeal is maintainable only when the contempt court decides to punish the contemnor in exercise of powers under the contempt jurisdiction.