IMPORTANT CASE LAWS - Madras High Court

enables contemner to produce materials to show that he had not committed any act of contempt as alleged –
Contempt is essentially a matter between Court and contemner – Trial Court should make an attempt to take up
such violation Applications, before disposal of Suit - Main objection of Rule 2-A is to uphold majesty of judicial
orders, as otherwise it would erode faith of litigants appealable – Since alternative remedy is available to Petitioner,
it is not appropriate to permit Petitioner to invoke jurisdiction under Contempt of Courts Act – Opportunity given to
Petitioner to approach Trial Court – Objection raised by Registry sustained – Contempt Petition dismissed.
Facts :
Petitioner sought to initiate Contempt proceedings against the Respondent for violating the order of injunction
passed by the Trial Court. High Court held that there is an adequate remedy for the Petitioner under Order 39, Rule 2-A of
the Code of Civil Procedure, for violation of decree for injunction and the Code of Civil Procedure contains an inbuilt
provision to safeguard the interest of the parties. The Contempt jurisdiction was distinguished as one essentially between
the Court and the contemner and in view of the alternative remedy available to the Petitioner, the High Court held that the
Petitioner cannot invoke jurisdiction under the Contempt of Courts Act. By giving liberty to the Petitioner to approach the
Trial Court with an appropriate Application, the objection raised by the registry was sustained and Contempt Petition was
dismissed.
Held :
The Civil Procedure Code contains provisions grant of decrees and orders as also its enforcement. Order 39, Rule
1 provides for granting temporary injunctions and interlocutory orders. Order 39, 2-A of the Civil Procedure Code indicates
the consequences of disobedience or breach of order of injunction. The provision reads thus:
(1) In the case of disobedience of any injunction granted or other order made under Rule 1 of Rule 2
or breach of any of the terms on which the injunction was granted or the order made, the Suit or
proceeding is transferred, may order the property of the person guilty of disobedience or breach
to be attached, and may also order such person to be detained in the Civil prison for a term not
exceeding three months, unless in the meantime the court directs his release.
(2) No attachment made under this Rule shall remain in force for more than one year, at the end of
which time, if the disobedience or breach continues, the property attached may be sold and out of
the proceeds, the Court may award such compensation as it thinks fit to the injured party and
shall pay the balance, if any, the party entitled thereto.
**************
31