KEDAR NAND Vs. JAGAT RAM

JUDGEMENT

(1.) This is an application by one Kedar Nand for punishment of his brother Jagat Ram, Mohini and Chanani, nephew Harinand and Jagat Ram's daughters-in-law Mts. Amar Dei and Shankar Dei for contempt of Court under Section 3, Contempt of Courts Act (32 of 1952).

(2.) The petitioner is the plaintiff and his aforesaid brothers the defendants in a suit instituted in the Court of the Senior Subordinate Judge of Mahasu for a declaration that the plaintiff is entitled as possessory mortgagee to exclusive possession of certain land and for an Injunction to restrain the said defendants from interfering with his possession. After the in-stitution of the suit the plaintiff obtained a temporary injunction under Order 39, Rule 1, Civil P. C., restraining the defendants from interfering with the plaintiff's possession of land. It is alleged in the present petition that in, spite of the service of the said prohibitory order the defendants cut the harvest from the land in question. It is further alleged that Harinand and Mts. Amar Dei and Shankar Dei (who were not defendants in the suit) joined the defendants in cutting and removing the harvest despite full knowledge of the said prohibitory order. It is, therefore, prayed that all the said six opposite parties be punished for contempt of Court.

(3.) All the six respondents are represented by Sri M. L. Aukta Advocate. So far as the three respondents who are not defendants in the aforesaid suit are concerned, he contends that since the temporary injunction in question had not been addressed to them, they are guilty of no contempt. This proposition has not been questioned by the learned counsel for the petitioner.