High CourtsDivision Bench(1918) 02 PAT CK 0021

Syed Shah Malhiuddin Ahmad Sajjadanashin vs Mr. Syed Shah Athar Hossain

Patna High Court · Decided on 13 February 1918 · Citation: AIR 1918 Patna 582(1) : 44 Ind. Cas. 496

HON’BLE JUDGES
Roe, J · Jwala Prasad, J

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Judgment

1 paragraphs · 120 words
1.

We are of opinion that the order of the learned Munsif, so far as it affects Shah Malhiuddin, must be set aside under our powers of superintendence, as being entirely without jurisdiction. The learned Munsif had no authority to summon before him any person not a party to the injunction and he had no authority to issue an injunction against any person not a party to the suit. The application is, therefore, admitted. The order of the learned Munsif directing Malhiuddin to appear before him to show cause why he should not be punished under Order XXXIX, Rule 2(3), is set aside. The plaintiffs-opposite party before us will pay the costs of this application, hearing fee two gold mohurs.