SHYAM SUNDAR RAKSHIT Vs. SATCHIDANANDA RAKSHIT

JUDGEMENT

(1.) This second miscellaneous appeal and the alternative application arise out of a proceeding for punishing breach of an injunction, issued under Order 39 Rule 1, Civil P. C. The proceeding was initiated by an application which was headed as one under Order 39 Rule 2(3) of the Code but which should have been properly described as one under Order 39 Rule 1(2) as applying to this part of the country. This sub-rule was added by this Court in the exercise of its rule-making powers under the Code to remove doubts as to the mofussil courts' power to take action under Order 3 in case of breach of injunction, issued under the First rule of that Order.

(2.) There can be no doubt that the second miscellaneous appeal is incompetent in law. The code provides for one appeal in such a case and there is no provision for a further appeal to this Court from an appellate order of the District Court. The appeal must, therefore, fail on this preliminary ground and it is dismissed without costs.

(3.) There is, however, an alternative application under Section 115, Civil P. C. It is necessary, therefore, to consider whether the appellant petitioner should have any relief under the revisional powers of this Court in the facts and circumstances of the present case.