AI Structured Summary
Not yet generated for this judgment
Judgment
B.N. Kirpal, C.J.—This is an application under Sections 10 and 12 of the Contempt of Courts Act, praying for action being taken against the respondents on the alleged non-compliance with the order, dated 26th of July, 1994, passed by the Judge, City Civil Court, Ahmedabad.
On an application under Order 39, Rules 1 and 2 being filed, an order was passed on 26th of July, 1994, which order is alleged to have been disobeyed.
The case of disobedience seems to be that the representation, which was filed, was not decided within the prescribed time.
When an application under Order 39, Rules 1 and 2 is decided, then the CPC itself provides for the consequence of disobedience or breach of an injunction which is granted. Rule 2A was inserted in Order 39 with effect from 1st of February, 1977 with a view to giving the Court power to take action on account of the breach of the order passed by it. Therefore, the appropriate procedure for the alleged non-compliance of an order under Order 39, Rules 1 and 2 is to apply to the Court concerned for orders under Rule 2A of Order 39. On this ground alone, this petition is dismissed.