Gopal Krishan Mishra and Ors. vs Nagar Palika & Anr.

The list has been revised. Neither any one is appeared on behalf of the applicant nor any person appeared on behalf of the opposite parties.

By this contempt application a prayer has been made to punish the opposite party for committing contempt of the courts of Civil Judge, Gyanpur and District Judge, Varanasi. The contempt alleged is wilful disobedience at the instance of the opposite parties for not obeying the injunction orders issued by the courts on 19111990, 2621991 and 241991 respectively.

Apart from the fact that if some party against whom an order Oi injunction has been passed under order XXIX, Rule 1 violates that injunction order can be punished under Order XXXIX Rule 2A, C. P. C. which would therefore, not required this Court to go into the question of injunction. We also iind that contempt, if any, cannot now be the subjectmatter this proceeding by the High Court in view of Section 20 of the Contempt of Courts Act reads as follows:

"Limitation for actions for contempt.No Court shall initiate any proceedings for contempt, either on its own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."

Admittedly the period of one year from the date on which the contempt is alleged has expired this contempt application has not yet been admitted by the High Court. Thus even, otherwise, the Court cannot proceed in the matter to punish the contemner.

This contempt application is accordingly dismissed.