HARIVILAS MADHAVPRASAD RUIA Vs. VIRAF ARDESHIR UDWADIA

JUDGEMENT

(1.) BY an order dated 27th February, 1992 the learned Judge of the Court of Small Causes, Bombay, made the notice partly absolute holding the petitioner guilty of flouting the order of injunction and also passed an order directing the petitioner to be detained in civil prison for a period of one month under the provisions of Order 39, Rule 2-A of the Code of Civil Procedure.

(2.) BEING aggrieved by the said order the petitioner preferred an appeal being Appeal No. 180 of 1992 to the Appellate Bench of the Court of Small Causes, Bombay. The Appellate Bench by its judgment and order dated 4th August, 1993 held that the appeal was not maintainable and on that ground summarily dismissed the appeal.

(3.) THE said order of dismissal of the appeal is impugned in this petition.