SURINDER SINGH Vs. RAI RANI

JUDGEMENT

(1.) The question that arises for consideration in this contempt petition filed under Sec. 10 read with Sec. 2(b) of the Contempt of Courts Act. 1971 (for brevity 'the Act') is whether proceedings under Sec. 10 of the Act or proceedings under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (for brevity 'the Code') should be initiated for violation of the order passed under Order 39 Rules 1 and 2 of the Code.

(2.) Facts of this case lie in a narrow compass. The petitioner has filed a civil suit for permanent injunction with a prayer that the defendants be restrained from damaging the roof or any other part of the shop No. 2 out of building No. 4754 situated in Gali No. 6. Chowk Tahliwala, Sarwarpura, Sultan wind Road. Amritsar. The allegation in the suit is that respondents have started damaging the roof of the demised shop in order to force the petitioner -plaintiff to vacate the same. The petitioner is carrying on the business of goldsmith in the shop. The suit was instituted and an application was filed under Order 39 Rules 1 and 2 of the Code before the Civil Judge, (Junior Division), Amritsar, who passed order of status quo on 6.11.2001 which reads as under; -

(3.) The above mentioned order was extended and the respondents were proceeded against ex -parte on 22.11.2001.