GULABDHAR PATHAK Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) Heard the learned counsel for the applicant.

(2.) The instant contempt petition has been filed for violation of the injunction order granted in favour of the applicant. On specific query, learned counsel for the applicant submits that an application under Order 39 Rule 2-A is pending. Since disputed questions of fact are involved, which cannot be gone into in contempt jurisdiction.

(3.) Applicant has a remedy under Order 39 Rule 2(A) of the Code of Civil Procedure. This Court in contempt jurisdiction would decline to return finding on disputed questions of fact. Reference may be made in this regard to a decision of this Court dated 18.09.2013 passed in Contempt Application (Civil) No. 4384 of 2013, wherein similar issue fell for consideration. The order dated 18.09.2013 reads thus: