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SUPREME COURT OF INDIA
RUMA PAL AND DR. AR. LAKSHMANAN, JJ.
BABULAL AND ANOTHER APPELLANTS
VERSUS
MUNICIPAL CORPN., RATLAM AND OTHERSRESPONDENTS.
CIVIL APPEAL NO. 3765 OF 2005 DECIDED ON JULY 15,2005
Contempt of Courts Act, 1971, Sections 12 and 2(b) - Constitution of India, 1950, Articles 129 and 215 - Contempt against a person not party to the original proceedings - High Court proceeded on the basis that it was settled law that a person not a party to the original proceedings cannot be proceeded against in contempt-The issue held debatable one, particularly having regard to the law on the issue particularly in S.N. Banerjee v. Kuchwar Lime and Stone Co. Ltd., AIR 1938 PC 295 : 43 CWN 197. The order of the High Court is set aside and the matter is remanded back for reconsideration of the issue.. [Para 2]
ORDER
1. LEAVE GRANTED.
2. THE HIGH COURT APPEARS TO HAVE PROCEEDED ON THE BASIS THAT IT WAS SETTLED LAW THAT A PERSON NOT A PARTY TO THE ORIGINAL PROCEEDINGS CANNOT BE PROCEEDED AGAINST IN CONTEMPT. THE ISSUE IS A DEBATABLE ONE, PARTICULARLY HAVING REGARD TO THE LAW ON THE ISSUE PARTICULARLY IN S.N. BANERJEE V. KUCHWAR LIME AND STONE CO. LTD.1 THE ORDER OF THE HIGH COURT IS SET ASIDE AND THE MATTER IS REMANDED BACK FOR RECONSIDERATION OF THE ISSUE.
3. THE APPEAL IS DISPOSED OF ACCORDINGLY.
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