NYAMAT MASIH Vs. GRAM PANCHAYAT DADWAN

JUDGEMENT

(1.) The present civil revision petition has been filed by the petitioner-defendant challenging the order dtd. 31/5/2000 passed by the learned Civil Judge (Senior Division), Gurdaspur, whereby the application filed by the respondent-Gram Panchayat under Order XXI Rule 32 read with Sec. 151 CPC was allowed and warrants of attachment of the property of the petitioner were ordered to be issued for alleged violation of a statement made by him in the court on 26/7/1996.

(2.) The facts, in brief, as borne out from the impugned order and the record, are that the respondent-Gram Panchayat had earlier instituted a civil suit for permanent injunction restraining the present petitioner from storing "Haddo Rora" and from carrying on the work of skinning of dead animals on land measuring 1 kanal 10 marlas situated in Village Kalyanpur. During the pendency of the said suit, the petitioner appeared before the civil court and on 26/7/1996 made a statement that he had no concern with the suit land and that he was not doing any business or work on the said land. On the basis of the said statement, the learned trial court dismissed the suit as withdrawn on 26/7/1996, while recording that the defendant shall remain bound by his statement.

(3.) Thereafter, the respondent-Gram Panchayat filed an application under Order XXI Rule 32 CPC alleging that subsequent to the dismissal of the suit, the petitioner had started storing "Haddo Rora" and had resumed the work of skinning of dead animals on the suit land, thereby violating the undertaking given to the court. It was pleaded that the alleged acts of the petitioner were causing nuisance, health hazards and were in breach of the statement recorded by the court. On this premise, coercive action including attachment of property and civil imprisonment was sought.