JATINDRA NATH DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The Petitioner in this Article 226 petition is seeking a mandamus commanding the police to see that the private Respondents cannot erect any construction in violation of the order of injunction made by the Civil Court in the pending suit.

(2.) Counsel for the Petitioner submits that remedy available under Order 39, Rule 2A of the Code of Civil Procedure, 1908 is not sufficient, because no order can be made in the proceedings initiated under the provisions giving the police any direction for any purpose.

(3.) I am unable to accept the argument. The provisions of Order 39, Rule 2A and Section 151 of the Code of Civil Procedure, 1908 empower a Civil Court not only to punish for contempt, but also to set right the wrong. See Delhi Development Authority v. Skipper Construction Co. (P.) Ltd. and Anr., 1996 4 SCC 622.