ABDUL HUQUE Vs. ZAINAB BEGUM

JUDGEMENT

(1.) Leave was granted to consider the question whether the expression "Court granting an injunction" in rule 2(3) of Order 39 of the Code of Civil Procedure would mean "the Court" to which the whole case has been transferred or it would mean the Court which originally issued the injunction for taking cognizance in a matter of violation of injunction.

(2.) A suit for specific performance of contract was filed in the Court of Subordinate Judge, 1st Court, Dhaka. Plaintiff also filed an application for injunction and on 3.12.74 the order of injunction was issued and on 7.2.75 the said order was made absolute by the Subordinate Judge, 1st Court Dhaka. Thereafter on 14.1.76 the learned District Judge transferred the said suit to the Court of Subordinate Judge, 5th Court for disposal. On 10.2.78 an application under Order 39 rule 2(3) of the Code was filed for drawing up the proceeding against the appellant and also prayed for attachment of their property. This petition was marked as Miscellaneous Case No. 9 of 1978. The learned Subordinate Judge 5th Court found the appellant guilty and recorded an order of conviction for disobedience of the order of the Court. The appellant contended before the High Court Division unsuccessfully that the order of conviction was illegal inasmuch as the 5th Court was not the original Court which issued the injunction. Leave as aforesaid was granted to consider this point.

(3.) Sub-rule (3) of rule 2 of Order 39 in material for the purpose of this appeal: In case of disobedience, or of breach of any such terms the Court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached and may also order such person to be detained in the civil prison for a term not exceeding six months unless in the meantime the Court directs his release".