WAZIR AHMED KHAN Vs. MOHAMMAD ANWAR ALI

JUDGEMENT

(1.) This is an application filed on behalf of eleven petitioners, who were plaintiff in two civil suits filed in the Court of learned Munsif, First Class, Chhabra for a declaration that they were Indian citizens and therefore, cannot be deported to Pakistan branding them as Pakistani citizens, the learned Munsif first Class, Chhabra dismissed both the suits in toto. The Additional Distt. Judge Baran dismissed the appeal arising out of the suits. The matter was brought to this Court in second appeal by the applicants. This second appeal registered as S. B. Civil Second Appeal No. 33/86 was decided on 11-3-97 and this contempt petition arises out of the alleged dis-obedience of the order passed in that second appeal.

(2.) The applicants have alleged that on 19-7-2000, the Civil Judge (Senior Division). Chhabra passed an order that as the second appeal has been dismissed, a communication sent to the Ministry of Foreign Affairs Government of India to arrest the plaintiff-appellants and to deport them to Pakistan. It is also alleged that when this order came to the knowledge of the applicant they moved an application on 31-7-2000 u/S. 151 C.P.C. before the civil Judge (Sr. Division) Chhabra praying for revocation of the order dated 19-7-2000 and for staying its execution. Between 19-7-2000 and 31-7-2000, the Presiding Officer of the Court of Civil Judge (Sr. Division), Chhabra had changed because of transfer. The order dated 19-7-2000 was passed by the non-petitioner No. 1 whereas the application dated 31-7-2000 was made to and the order dated 9-8-2000 thereon was passed by the non-petitioner No. 2, the new incumbent. The non-petitioner No. 2 on 9-8-2000 took the view that in the circumstances of the case, it was not proper to grant ex parte stay order and therefore, prayer for grant of ex parte stay order was rejected. He directed issue of notice of the application to the other side and fixed the case on 6-9-2000 for bipartite hearing on the application.

(3.) After the passing of the order dated 9-8-2000, the present contempt petition was moved by the applicants before this Court against Mohd. Anwar Ali, Civil Judge (Sr. Division). Gangapur City (Sawai Madhopur) who was the Presiding Officer of the Court of Civil Judge (Sr. Division), Chhabra on 19-7-2000 and Shri Ashok Gupta, Civil Judge (Sr. Division), Chhabra (Baran) who had passed order dated 9-8-2000.