Himachal Pradesh High Court
Ram Singh & Others vs . Bihari Lal on 9 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Ram Singh & others vs. Bihari Lal .
RSA No.457 of 2011 09.03.2022 Present: Mr.Jiya Lal Bhardwaj, Advocate, for the appellants.
Mr.Dilip Sharma, Senior Advocate, alongwith M/s Umesh Kanwar and Manish Sharma, Advocates, for the respondent.
CMP No.1931 of 2022 This application has been filed for punishing appellant No.4 and three others namely Shakuntala, Jai Ram and Rahul for willful disobedience of the orders dated 18.10.2011 and 20.12.2011 passed by this Court in this appeal.
2. In memo of parties of this application, appellants No.1 to 3, 5 and 6 have been also shown as non-applicants-appellants. Whereas, appellant No.4 has been shown as non- applicant/appellant/contemnor and respondent has been shown as applicant-respondent. Other contemnors have not been mentioned in memo of parties but have been mentioned only in para-2 of the application.
3. In memo of parties of this application certain persons have been arrayed as party who are not required to be arrayed as party for adjudicating the application under Order 39 Rule 2A CPC as against them there is no allegation of willful disobedience and those who have allegedly disobeyed the order of the Court and are necessary party for adjudication of this application, have not been arrayed as party. To explain this, learned counsel for the applicant-respondent has submitted that Registry does not accept the memo of parties in the application, in deviation to the memo of parties in the appeal.
4. In an application, filed under Order 39 Rule 2A CPC, necessary party is the applicant and the contemnors. But in ::: Downloaded on - 11/03/2022 20:11:33 :::CIS present case, because of objection raised by the Registry, not only .
the contemnors have not been arrayed party, but other appellants, who were not required to be arrayed party in this application, have been reflected as party.
5. Proceedings under Order 39 Rule 2A CPC are always independent of main matter, where, in case of contest, application is to be decided on its own merit, if necessary, after framing of issues and recording evidence of parties to substantiate their claim of willful disobedience or denial thereof, and even if main matter succeeds or fails, application is to be decided on its own merit, wherein issue of willful disobedience of order of the Court is involved. Thus, proceedings may be concluded prior to or after disposal of main matter.
6. In view of above, Registry is directed to take appropriate steps for registration of application under Order 39 Rule 2A CPC independent to the main proceedings with appropriate memo of parties but definitely with mention of main matter wherefrom proceedings arise. As application under Order 39 Rule 2A CPC is to be adjudicated independently, therefore, separate file with order sheet should be maintained with respect to such application. Keeping in view the nature of proceedings it should be registered as Civil Miscellaneous Petition (Main).
7. With aforesaid observations, notice be issued to appellant No.4 and other contemnors mentioned in para-2 of the application.
8. Notice to appellant No.4 is served upon through learned counsel representing him in the main appeal and, as prayed, dasti notice, returnable on 25.03.2022, on taking steps by tomorrow i.e. 10.03.2022, be issued to contemnors mentioned in para-2 of the application namely Shakuntala, Jai Ram and Rahul. ::: Downloaded on - 11/03/2022 20:11:33 :::CIS
9. In view of the observations made hereinabove, .
amended memo of parties, indicating respondent-applicant as applicant and contemnors Lachhman, Shakuntala, Jai Ram and Rahul as respondents/contemnors No.1 to 4, be filed in this application and separate file be maintained to adjudicate the application.
CMP No.1932 of 2021
10. Applicant-respondent is exempted from filing English translation of vernacular documents annexed with the application, at this stage, subject to filing of the same within seven days as and when directed to do so.
Application is allowed and disposed of. CMP No.1933 of 2022
11. Applicant-respondent is exempted from filing complete typed copies of relevant extract of documents, at this stage, subject to filing of the same within seven days as and when directed to do so.
Application is allowed and disposed of.
(Vivek Singh Thakur) Judge March 9, 2022 (Purohit) ::: Downloaded on - 11/03/2022 20:11:33 :::CIS