KEKI P. IRANI Vs. ZOROASTRIAN CLUB

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Order of the trial Court in I.A.No.942 of 2022 in I.A.No.113 of 2022 in O.S.No.21 of 2022.

(2.) The Zoroastrian Club filed an application before the trial Court under Order XXXIX rule 2A of C.P.C for attachment of savings bank account and for punishing the respondent by taking him into custody and sending him to civil prison for a term of three months for his continuous disobedience of Orders of injunction passed against him in I.A.No.113 of 2022. The trial Court considering the arguments of both sides partly allowed the application and directed to send the respondent therein to civil imprisonment for a period of two months on payment of process. Aggrieved by the said Order, respondent preferred the present Civil Miscellaneous Appeal.

(3.) The learned Counsel for the appellant/respondent mainly contended that the trial Court decided the I.A.No.942 of 2022 in O.S.No.21 of 2022 filed by the petitioner/respondent herein without any independent enquiry and the appellant was set exparte when his Counsel could not appear due to ill health and consequential death of his mother and without deciding the injunction petition in I.A.No.113 of 2022 in O.S.No.21 of 2022 in which Counter affidavit was already filed on 11/2/2022 and also without deciding the Vacate Petition in I.A.No.159 of 2022 in I.A.No.113 of 2022 in O.S.No.21 of 2022 filed on the same day. The petition under Order XXXIX rule 2-A C.P.C is analogous to the contempt proceedings, as such the procedure required to be followed and adhere to both oral and documentary evidence adduced by the plaintiff/petitioner. The trial Court neither conducted enquiry nor permitted him to leading evidence before sending him to the civil prison. Though the trial Court relied upon Exs.P1 to P29, they were not marked, as the mandate of the statute is that injunction application should be disposed of within 30 days when exparte ad-interim injunction was granted by the Court.