STATE OF MADHYA PRADESH Vs. CHANDRAKANT SARAF

JUDGEMENT

(1.) Civil Judge Class II, Shahdol made a reference under Section 13(2) of the Contempt of Courts Act, 1971 (hereinafter referred to as the' Act') against the two contemners viz. Shri C. K. Saraf and Shri S. P. Saraf, who are practising Advocates at Shahdol, as according to the Civil Judge, they committed contempt of Court.

(2.) The matter has arisen under these circumstances: A Civil Suit (Civil Suit No. S- A of 81) was pending in the Court of Civil Judge Class II, Shahdol which, at the relevant time was being presided over by Shri Ravindra Shrivastava. Contemner No.1 C.K. Sarro appeared for the plaintiff while the Contemner No.2 S.P. Sarro appeared for the defendant. When evidence in the suit was being recorded and plaintiff Reshamsingh was being examined, a question arose as to the admissibility of a copy of some document. On that the Court passed some order in the deposition sheet itself There is a dispute as to the genuineness of that order. Shri C.K. Saraf contends that at that stage he made a prayer for filing an application under Order 13, Rule 2, Civil Procedure Code for permission to file the original document. According to him that prayer was granted, but later, the whole deposition sheet was altered showing an otherwise expression. It appears that thereupon Shri C.K. Sarro expressed an intention to move a petition for transfer of the case from the Court of Shri Shrivastava. The Civil Judge then stayed hearing of the suit to enable Shri Saraf to move the proposed transfer application.

(3.) An application for transfer of the case was then moved under Section 24, Civil Procedure Code before the District Judge, Shahdol praying for transfer of that case (Civil Suit No. S-A of 81) from the Court of Shri Shrivastava to some other Court. It is dated 8-7-1982. It is signed by the plaintiff Reshamsingh. The endorsement on the application shows that it was presented by Shri C.K. Saraf as counsel for Reshamsingh. When notice of this application was issued, contemner No.2 S.P. Saraf appeared for the opposite party and applied for certain better particulars on certain allegations in the transfer petition. lt is this application under Section 24, Civil Procedure Code and the application requiring better particulars of certain allegations, in that application, that have occasioned the Civil Judge to move this Court for action -for contempt of Court against the two Advocates. The offending allegations in the application for transfer are contained in paragraphs 8 and 9 thereof. They areas follows: The prayer clause of that application shows that the demand was not only for the transfer of the case from the Court of Shri Shrivastava but also for inquiry into the working of Shri Shrivastava and for taking suitable action against him. The allegations contained in the application requiring better particulars moved by contemner No.2 S.P. Saraf are as follows: It was also alleged against shri S.P Saraf that the application under Section 24, C.P.C. was drafted in the office of Shri C.K. Saraf, in consultation with him.