NRIPENDRA NARAYAN Vs. BEDA BALA DEBI

JUDGEMENT

(1.) This is an appeal from a order of S. E. Das Gupta J. dated 21st April 1950 committing the appellant for contempt of Court and sentencing him to undergo simple imprisonment for one month.

(2.) The parties are husband and wife, the appellant being the husband and the wife being the respondent. It seems that the husband had created a trust of his property in favour of his wife and had divested himself of the right to manage the same. There had been in fact two trust deeds but in each of the deeds a power of revocation was reserved to the settlor, the husband. It seems that the relationship between the parties was not happy and the husband had brought a suit for revocation or cancellation o the deed of trust. But that suit seems to have been abandoned and withdrawn.

(3.) It is an admitted fact that at 10 a.m. on 24th June 1949, the appellant registered a deed claiming to revoke this trust and on the same day a suit was filed by the wife on the Original Side of this Court for an injunction restraining her husband, the defendant, from interfering with the plaintiff's possession and her right to manage the properties comprised in the trust deed. An application was made on the same day for an ad interim injunction which was granted. The Registrar of the Original Side of this Court appears to have been directed to communicate the Court's order to the defendant by telegram and a telegram was sent by the Court to the defendant. This telegram arrived at the post office of destination at about 3.30 p.m. on 25th June and the only evidence before the Court was that the telegram was not actually delivered to the defendant until the morning of 26th June.