AIR 1969 GUJARAT 28

Gujarat High Court

Hon'ble Judge(s): A. R. Bakshi, V. R. Shah , JJ

Civil P.C. (5 of 1908) , O.39 R.1, O.39 R.2(3), O.21 R.32, S.36— Injunction under O.39, R.1 - Breach thereof is punishable under O.39, R.2(3) - O.21, R.32 and S.36 not meant for empowering Court to punish party. AIR 1945 Nag 134 and AIR 1941 All 140, Diss. from. A combined reading of Section 94 and O. 39, Rr. 1 and 2, leads to the conclusion that the punishment prescribed by sub-rule (3) of R. 2 applies to an injunction issued under Order 39 and S. 94 C. P. C. It may be that sub-rule (3) was drafted somewhat inartistically but the intendment of the legislature appears to be clear, namely, to punish persons guilty of violation of injunctions issued under either of the two rules. Order 21, Rule 32 read with sec. 36 C. P. C. is not intended to apply to temporary injunctions issued under Order 39. Order 21, Rule 32 read with Section 36 C. P. C. deals with execution of orders. The remedy provided under Order 21, Rule 32 and Sec. 36 could be availed of only by parties to a proceeding and it does not empower a Court suo motu to punish a person for breach of an injunction. These provisions are meant to enable a party to enforce the injunctions contained in the decrees or orders but not for the purpose of empowering a Court to punish a party guilty of disobedience. .....