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1975 Supreme(SC) 348

SUPREME COURT OF INDIA
R.S. SARKARIA AND A.C. GUPTA, JJ.
Barada Kanta Mishra, Appellant
 
Versus
 
Orissa High Court, Respondent.
Criminal Appeal No. 72 of 1975
 
Decided on 15-9-1975.

Headnote:

Contempt of Courts Act, 1971 - Section 19 - Punish for contempt - Interlocutory order pertaining - Having heard the appellant in person respondent – Court 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 exercise of jurisdiction by High Court to punish for contempt, are appellable under Section 19 of Contempt of Courts Act, 1971 - Order in question is not such an order or decision - It is an interlocutory order pertaining purely to procedure of the Court – Held, Case including one of maintainability of proceedings, would be heard together and; it rejected prayer for hearing case piecemeal first and regard to the question of maintainability. Accordingly we dismiss the appeal - Appeal dismissed

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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