Supreme Court of India
Barada Kanta Mishra vs Orissa High Court on 15 September, 1975
Equivalent citations: AIR1976SC1206, 1976CRILJ944, (1977)3SCC345, AIR 1976 SUPREME COURT 1206, 41 CUTLT 1159, 1977 3 SCC 345, 1977 SCC(CRI) 532
Author: R.S. Sarkaria
Bench: A.C. Gupta, R.S. Sarkaria
ORDER R.S. Sarkaria, J.
1. Having heard the appellant in person and Mr. F.S. Nariman for the respondent, we are of opinion that this appeal is not maintainable. Only those orders or decisions in which some point is decided or finding is given in the exercise of jurisdiction by the High Court to punish for contempt, are appealable under Section 19 of the Contempt of Courts Act, 1971. The order in question is not such an order or decision. It is an interlocutory order pertaining purely to the procedure of the Court. All that the order in question says is that all the points arising in the case, including the one of maintainability of the proceedings, would be heard together and; it rejected Mr. B. Mishra's prayer for hearing the case piecemeal, that is, first with regard to the question of maintainability. Accordingly we dismiss the appeal. The stay in consequence, stands, vacated.