Baradakanta Mishra vs Orissa High Court

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1975 Supreme(SC) 349

A.C.GUPTA, R.S.SARKARIA
Baradakanta Mishra – Appellant
Versus
Orissa High Court – Respondent

Judgement Key Points

Appeal against an interlocutory order of the High Court pertaining purely to court procedure is not maintainable under Section 19 of the Contempt of Courts Act, 1971. [judgement_act_referred] (!)
Only orders or decisions where some point is decided or a finding is given in exercise of jurisdiction to punish for contempt are appealable under Section 19 of the Contempt of Courts Act, 1971. [judgement_act_referred] (!)
An order directing that all points arising in the case, including maintainability of proceedings, be heard together, and rejecting a prayer for piecemeal hearing on maintainability first, qualifies as a purely procedural interlocutory order. (!)
Appeal dismissed as not maintainable; consequent stay vacated. (!) (!)

JUDGMENT

ORDER :—Having heard the appellant in person and Mr. F. S. Nariman for the respondent, we are of opinion that the 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 appellable 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 and regard to the question of maintainability. Accordingly we dismiss the appeal. The stay in consequence, stands, vacated.

Appeal dismissed.

For Citation : AIR 1976 SC 1206

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