DEEPAK GUPTA Vs. SANTOSH KUMAR JAIN

JUDGEMENT

(1.) IN both these revisions order dated Feb. 2, 1995 of the learned Additional District Judge No. 2 Jaipur City whereby Shri Santosh Kumar and Shiv Kumar (for short the contemners) have been punished under Order 39 Rule 2A of the Code of Civil Procedure.

(2.) RELEVANT farts giving rise to these revisions are that plaintiff Shri Deepak Gupta (for short the plaintiff) instituted a suit for permanent injunction against the contemners defendants (for short the contemners) in the trial court. Along with the suit an application under Order 39 Rule 1 and 2 CPC was also filed praying therein that the Central Circuit Cine Association may be restrained from de -registering M/s. Deepak Films and from cancelling their registration for distribution of film KOHRAM. Learned trial court passed an adinterim order directed to maintain status quo. Thereafter the plaintiff submitted another application under Section 151 CPC stating therein that inspite of the courts order maintaining status quo, their registration has been cancelled as such the Central Circuit Cine Association may be directed to register and grant the authority to distribution the film in Rajasthan.

(3.) THE plaintiff moved a petition under Order 39 Rule 2 A of the Code of Civil Procedure. Learned trial court held vide order dated Sept. 16, 1994 the contemners guilty of contempt and directed to detain contemners Santosh Kumar and Shiv Kumar in the civil prison for a term of three months and their property in the sum of Rs. 15,000 was ordered to be attached.