Final Order 1

Order Details: Notice of Motion
Pdf Text: 12.04.2024
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CORAM : H. H. J. Shri. V. D. KEDAR,
JUDGE (C. R. No. 14)
Com Suit 913/2021
@ NM 775/2019
None present.
KB
LO at 3.15 pm
None present for plaintiff when called.
The plaintiff has taken out Contempt notice of motion
against the defendant in the present suit. Inspite of giving
ample opportunities the plaintiff failed to argue the NM. The
Hon'ble High Court, Mumbai in the case of 'Rampyaribai
wd/o Sukhdeo Daga and Others v/s Niladevi wd/o
Narayandas Jakhotiya and others', 2007 (4) MHLJ 213, held
that the proceeding under O-39, R-2(a) of CPC are
absolutely independent proceedings. Whether there was
breach of injunction or not is a question to be decided upon
evidence and the said question has no relevance with the
issues in the suit which are to be decided on merits of the
suit. The eventuality of breach of injunction has occurred
not at the time of filing of suit but subsequent to the filing of
the suit. The issues framed in the suit on merits of the suit
cannot be mixed up with the trial of the application for
breach of injunction. The question whether the petitioners
would be prejudice or not is not relevant. What is relevant is
the practise and procedure that is required to be adopted
while deciding the suit and the application for breach of
injunction. As a matter of fact, in my opinion, the
application for breach of injunction should be separately
registered as Misc. Judicial case and should be tried by
framing appropriate issues. Thus the proceedings for breach
of Injunction has nothing to do with the decision of the suit
on merits. A proceeding under O-39 R-2(a) of CPC, initiated
on the ground of disobedience or breach of injunction order,
is in the nature of Criminal proceedings as the person against
whom such proceeding initiated is liable to be detained in
prison if it is found that he had committed breach of
injunction order. Since a punishment is imposed and a
person is sent to jail, the Principle on which these
proceedings as decided are entirely different. Here the
Principle of Criminal Law will apply and the plaintiff will
have to established beyond any shadow of doubts that the
defendant had committed disobedience or breach of the
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injunction order even though he had full knowledge of the
same. The burden of proving its case in such cases entirely
lies on the plaintiff. Therefore, this proceeding needs to be
registered separately. Hence in view of the ratio laid down
by the Hon'ble High Court in above authority the NM is not
maintainable. Hence NM 775/2019 stands disposed of. The
plaintiff to take appropriate steps.
Matter stands Adj for Taking Steps on 25/06/2024.
Judge
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