was rendered by interpreting order 39 Rule 2 A which was brought in the State of U.P. by Notification published in the U.P. Gazette on 22.9.1941.
v. Suraj Prasad and Ors.
Though the said order passed by the trial companyrt was companyfirmed by the District Court in appeal it was set aside by the High Court in a revision filed under Article 227 of the Constitution, as per the impugned judgment.
When a motion was made by the Appellant for taking action against those companytumacious defendants the trial companyrt passed the order on 19.8.1976 for their detention in civil prison for a period of two months and also for attachment of their properties.
The said Rule is quoted below In the case of disobedience to an injunction issued under Sub rules 1 and 2 of Rule 2 A or of breach of any terms of any such injunction the companyrt, in which the suit is proceeding 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 civil prison for a term number exceeding six months, unless in the meantime the companyrt directs his release.
T. Thomas, J. The Appellant is plaintiff in a suit which was disposed of by the trial companyrt on 19.5.1976.
While the suit was pending in that companyrt an order of injunction was passed by the trial companyrt which is alleged to have been disobeyed by the 3rd and 4th Respondents who were defendants in the suit.
