CHATURBHUJDAS PARMANANDAS Vs. NATVARLAL TRIBHOVANDAS

JUDGEMENT

(1.) This is an appeal from an order of the First Class Subordinate Judge at Broach refusing to take proceedings against the opponent for contempt of Court. The preliminary objection is taken on behalf of the respondents that no appeal lies.

(2.) The facts are that in the course of a suit the plaintiffs presented an application to the Court stating that a large aura was due to them from the defendants firm, that defendant No. 5, who was one of the partners in the firm, had already mortgaged some of his properties and was making arrangements to sell others of them to some other persons, and praying for an order for the attachment of defendant No. 5's below-mentioned immoveable properties before judgment. On this application the defendant stated that he had no intention to sell the property, and gave an undertaking not to sell the same till the disposal of the suit. On this undertaking being given, the Judge passed the following order on January 12, 1927:- Defendants undertake not to sell this property pendente lite without the order of the Court, See affidavits Exhibits 24 and 25. I therefore do not think it accessory to specifically attach the property. It is understood that this is equivalent to reconvey the property in Court's protection and surveillance so that none else can attach or proceed against the property until further order of the Court.

(3.) Subsequently before the disposal of the suit defendant No. 5 sold the property, and the plaintiff thereupon applied for proceedings for contempt of Court to be taken against him. The Subordinate Judge refused to take proceedings, and an appeal has been presented against his order.