B.N.AGRAWAL, BINODANAND SINGH
State Of Bihar – Appellant
Versus
Ambika Roy – Respondent
B.N.AGRAWAL, J.
1. The present case has been registered on the basis of a reference made to this Court under Sec. 15(2) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act,) by the learned District and Sessions Judge under his memo No.208 dated the 10th of September, 1986, after holding a preliminary enquiry and writing a concise reasoned order of reference dated 218-1986 as Postulated under Rule 15(2) of the Contempt of Courts (Patna High Court) Rules (hereinafter referred to as time Rules), framed under the provisions of the Act.
2. The necessary facts leading to this reference, in short, are that one Mukhi Ahir had instituted a title suit bearing Title Suit No. 119 of 1966 against Ambika Roy, hearing of which was going on in the Court of the learned 2nd Additional Munsif. On 8-4-1983, the said Ambika Rai (hereinafter referred to as the party-contemner) filed a petition in the Court of the learned District Judge giving rise to Miscellaneous Case No.35 of 1983 for transferring the aforesaid title suit from the Court of the learned 2nd Additional Munsif to any other Court of competent jurisdiction stating therein that the learned Munsif had allowed the p
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