Judgment

CHANDRACHUD, CJI.:- This is an appeal under Section 19 (1) (b) of the Contempt of Courts Act, 1971, ("the Act"), against the judgment of the High Court of Himachal Pradesh dated November 17, 1980, in Contempt Case (Criminal) No. 7 of 1980 : Reported in 1981 Cri LJ 239 (Him Pra), whereby the appellant was sentenced to simple imprisonment for six months and a fine of Rs. 200/-.

2. The appellant practises as an Advocate at Solan which is a district place in the State of Himachal Pradesh. It appears that only one Court generally sits at Solan which is that of the senior Sub-Judge-cum-Chief Judicial Magistrate. The learned Judge, who presides over that Court, also exercises the powers of a Rent Controller and of the Court of Small Causes. On June 18, 1980, Shri Kuldip Chand Sud, who was the Presiding Officer of the Court, was hearing a petition under the Rent Act in which the petitioner was represented by the appellant. When the case was called out for hearing, the learned Judge noticed that the petitioner had not paid the process fee, as a result of which the summons could not be issued to the respondent. The Judge therefore proceeded to dismiss the petition under Order 9, Rule