Rajasthan High Court - Jaipur
(Ramji Lal Saini (Dead) Through Lrs vs . Natholi Ram & Anr.) on 11 September, 2014
Author: Alok Sharma
Bench: Alok Sharma
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH JAIPUR O R D E R IN S.B. CIVIL CONTEMPT PETITION NO.115/2012 IN S.B. CIVIL WRIT PETITION NO.4832/2009 (Ramji Lal Saini (dead) through LRs Vs. Natholi Ram & Anr.) Date of Order : 11.09.2014 HON'BLE MR. JUSTICE ALOK SHARMA None present for the petitioners. Mr. Banwari Lal, respondent No.2 in person. BY THE COURT
No one has appeared on behalf of the petitioners. Mr. Banwari Lal, respondent No.2, has appeared in person and stated that he has come from Alwar.
I have perused the interim order dated 06.07.2009, passed by this Court of which contempt is alleged in this petition.
Evidently the interim order dated 06.07.2009 was passed ex-parte. Nowhere in the contempt petition has it been stated as to when and in what manner the interim order dated 06.07.2009 was brought to the knowledge of the respondents-contemnors and no proof of service of the said order on the respondents-contemnors has been filed along with this contempt petition. Contempt proceedings are quasi criminal in nature. Knowledge of the order of the Court of which contempt is alleged has to be established qua the contemnor beyond reasonable doubt. Absent such assertion, a contempt petition cannot sustain. As in this case.
Aside of that, it is evident that the interim order 06.07.2009 is not specific enough. On the face of it a willful default in compliance with the said order can thus not be made out.
For all the aforesaid reasons, I find no force in the contempt petition.
Dismissed. Notices discharged.
(ALOK SHARMA), J MS/-
All corrections made in the judgment/order have been incorporated in the judgment/order being emailed.- Manoj Solanki, P.A.