HIDAYATULLAH, C.J.I.

(1) HESE two appeals arise out of two separate proceedings in the High court of Allahabad. Criminal Appeal No. 60 of 1968 arises out of an order by which the appellants held guilty of contempt and fined, asked the court to vacate the order and to rehear the case. Criminal Appeal No. 59 of 1968 concerns the main order passed in the case holding the appellants guilty of contempt and imposing fines of them. We have not considered the merits of Civil Appeal No. 59 of 1968 because in our opinion, Civil Appeal No. 60 of 1968 should be allowed with the consequential order that the conviction for contempt of court should be set aside and the case remanded to the High court for re-hearing.

(2) IT is not necessary to go into the facts of the case because we are only concerned with the absence of counsel and parties when the motion for contempt was heard in the High court. The case was shown in the daily cause list of Monday, the 1/05/1967 before Mr. Justice Gyanendra Kumar in court Room No. 2. On that day, there were two cases fixed at the top for dictation of judgment and for orders. Thereafter, this case was shown at the 12th place. The entry read correct