COURT ON ITS OWN MOTION Vs. HARISH CHANDER

JUDGEMENT

(1.) THE facts leading to these proceedings are that Suresh Chander Saggar, had filed a suit for recovery of money against M/s. Medicine Traders, Amritsar, of which the condemner, his brother Subhash Chander, his nephew and his mother Veeran Wati were the partners. During the pendency of this suit, the plaintiff filed an application under Order 38, Rule 5 of the Code of Civil Procedure, for attachment of a plot measuring 750 square metres situated in the area of G.T. Road, Amritsar. Harish Chander condemner, who was one of the defendants in that, suit, on behalf of himself, and the partners, claimed the said plot to be of the firm. It is pertinent to mention here that the contemner had another firm working under the name and style of "Dewan Medical Hall" of which he, his brother Subhash Chander and nephew Ajay Kumar were the partners. His mother Veeran Wati was not a partner of that firm. The plot sought to be attached was in the name of M/s. Dewan Medical Hall. Along with his reply, the contemner filed an affidavit in which made the following statement :

(2.) DURING the pendency of the porceedings, Suresh Chander Saggar filed an application before the Civil Court trying the case to take proceedings against Harish Chander, present contemner, for contempt of the Court and also perjury for making a false statement regarding the ownership of the plot in question as also for representing that both the firm, namely, Dewan Medical Hall" and "Medicine Traders", had the same partners. The Subordinate Judge Amritsar, held on enquiry, in that application, that the contemner had deliberately made a false declaration in his affidavit. The relevant portions of the observation of the learned Subordinate Judge are :

(3.) IN reply before this Court, the contemner reiterated his earlier stand before the learned Subordinate Judge 1st Class, Amritsar, that they had not made any wrong or false statement nor was there any intention to make those statements for the purpose of misusing the process of law or misleading the Court. Towards the end, he tendered an unconditional apology by stating that if the Court feels that he has, in any way, committed any act of contempt, then he tenders an unconditional apology which may be accepted.