JUDGMENT - KHANDEPARKAR R.M.S., J.:---Taken on board on request. Heard the learned Advocates for the parties. Rule. By consent, the Rule is made returnable forthwith.

2. The petitioners are challenging the order dated 9th January, 2003 rejecting their application for postponement of the hearing of the Appeal No. 698 of 2001 till the disposal of the interim Notices bearing Nos. 4851 and 4852 of 2002. The said notices relate to contempt proceedings against the respondents.

3. Drawing attention to Rule 11 of Order XXXIX of the Code of Civil Procedure, hereinafter referred to as "the Code", it was sought to be contended that in case the proceedings regarding contempt were heard prior to the appeal, there would be no occasion for the Court below to hear the appeal, if the respondent is found to have flouted the Court's order or acted in contravention of the Court's order and the necessary penalty under the said rule can be imposed and the appeal can be straightway disposed of.

4. The Rule 11 of Order XXXIX of the Code, as is in force in the State of Maharashtra, empowers the Court to dismiss the suit, if the plaintiff defies or defaults in complying with the order. Certainly, such power ca

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