BELI RAM Vs. JAG DEVI

JUDGEMENT

(1.) Facts which are not in dispute are that Jag Devi alongwith another, respondents, hereinafter referred to as plaintiffs, filed a suit for injunction against Beli Ram, petitioner, hereinafter referred to as defendant. When this suit was filed an ex parte interim order was also granted in favour of the plaintiffs on 17th of February 1992, Ultimately, the suit of the plaintiffs was decreed by the trial Court on l7th of June 1994, against which, appeal has been filed in the Court of District Judge, Solan, wherein stay against the judgment and decree passed by the trial Court was granted on 20th of July 1994, and the appeal is still pending adjudication before the lower appellate Court.

(2.) According to the plaintiffs, since the defendant did not obey the ex parte interim order dated 17th of February 1992, they were compelled to file an application under Order 39, Rule 2 -A of the Code of Civil Procedure for initiating the steps against the defendant for willful and intentional disobedience against him This application was contested by the defendant In the context of the present case, it may be appropriate to mention that for pursuing this case the plaintiffs had engaged Shri Harish Kaushal, Advocate and Vakalatnama in his favour is at page 17 of the file of application under Order 39, Ruie 2 -A of the Code of Civil Procedure. The matter came up before the trial Court on 19th of August, 1993 and following order was passed in the presence of the Counsel for the parties : 19 -8 -1993. Present -Sh Harish Kaushal, Advocate, for applicant Shri T. R. Thakur, Advocate, for respondent. Identified for conciliation, Time taken 40 minutes and conciliation effected. Counsel for applicant has stated that the matter has been compromised As such, he do not want to proceed further with this contempt application which is accordingly dismissed. Be consigned to records. Sd/ - Announced Seal of the Sub Judge 1st Class, Arki, 19 -8 -1993. Court District Solan."

(3.) After the passing of this order on the application under Order 39, Rule 2 -A of the Code of Civil Procedure, plaintiffs filed an application under section 151 of the Code of Civil Procedure for recalling the said order. This application is signed by one of the plaintiffs Smt. Jag Devi and it was resisted and contested by the defendant. Trial Court framed following issues on this application on 8th of March, 1994 :