SHANTA BAI Vs. GANESH

JUDGEMENT

(1.) THIS petition is directed against the order passed by Civil Judge, Class -II, Dewas in MJ C No. 5/90 dated 28.11.92 (Annexure A) and appellate order passed by IV Additional Judge to the Court of District Judge, Dewas in Misc. Appeal No. 17/92 on 8th July, 1993 (Annex -B) whereby the petitioner has been held guilty of disobedience of the order and breach of injunction in terms of order 39 rule 2A of the Code of Civil Procedure and is directed to be detained in Civil Prison for a period of one month.

(2.) I have heard both the sides.

(3.) ORDER 39 rule 2A of the Code of Civil Procedure provides only for detention in Civil Prison for a term not exceeding three months. It is submitted that rigour of punishment deserve to be softened on the following factor3: