A bailiff who executes a writ of possession after being informed of an interim injunction staying the execution is in contempt of court.

( 1 ) JOGGESWAR Banerjee, one of the opposite parties, had filed a suit in the Presidency Court, of Small Causes praying 'inter alia' that Bimalapati, petitioner in these proceedings, be ejected from premises No. 16, Blacquire Sq. , Calcutta. The suit was dismissed by the trial Judge. On appeal a decree in ejectment was passed. The defendant petitioner Bimalapati filed a Second Appeal (S. A. 513 of 1955) against the said decree. This appeal was admitted on March 11, 1955 after a preliminary hearing under Order 41, Rule 11, Civil P. C. On the same day the defendant-petitioner filed an application for restraining the plaintiff-decree-holder from executing the decree and also for an ad interim order pending the hearing of the Rule. A Rule was issued to show cause why further proceedings in execution should not be stayed. An ad interim order was passed on the following terms :"ad interim injunction is granted till 25-4-1955 for the present and will continue thereafter till the disposal of this rule if Rs. 250/- is deposited as directed. The Court below will intimate to this Court as soon as the money is deposited and retain the same pending further orders of this Court. This rule is made returnable on 2-5-1955".

( 2 ) IN pursuance of the order passed by this Court a letter dated March 16, 1955 was issued communicating the terms of the order. This letter communicating the Court's order was received in the English Department of the Presidency Small Cause Court on March 18. The Registrar of the Court of Small Causes sent the letter from this Court to the passing clerk of the 4th Bench of that Court in which the execution case was pending.

( 3 ) IT appears from the records that a tabular statement for levying execution bearing the date March 21, 1955 was filed by the decree-holder on March 24th; this was subsequent to the receipt of the said order from the High Court. As required under the rules a draft Writ for delivery of possession was filed by the decree-holder on March 28. On April 5, the Writ for delivery of possession was issued under the signature of the Superintendent to the Bailiff Sailendra Nath Ganguly, one of the Opposite Parties for delivery of possession as under the decree. The returnable date was fixed for 30-4-1955.

( 4 ) IMMEDIATELY after the receipt of the Writ by the Bailiff the latter went the next day to the premises at about 1 p. m. The plaintiff was present personally, as to how many other persons were also present is a matter of dispute as also the circumstances under which possession was delivered by the Bailiff to the plaintiff-decree-holder. According to the version of the plaintiff and of the Bailiff the son of the judgment-debtor who was present delivered peaceful possession and the latter along with the members of the family came out of the portion of the premises occupied by them. On the other hand, the judgment-debtor maintains that force was used and in spite of the plaintiff - and the Bailiff being intimated about the interim order staying execution proceedings as passed by the High Court, the Bailiff used force and turned out the judgment-debtor's family throwing out and damaging his moveables.

( 5 ) THE defendant petitioner has also alleged that the fact that a stay order had been issued by the High Court was known both to the plaintiff as also to the Bailiff from before and that there was a conspiracy between some of the officers of the Court of Small Causes including the Bailiff opposite party and the plaintiff who are responsible for the illegal and unauthorised acts done in utter violation and defiance of the order passed by this Court.

( 6 ) THE petitioner had in the original petition made the Registrar of the Court of Small Causes a party to the illegal and improper acts as alleged. When the application was first moved before us we called for reports from the Chief Judge of the Presidency Court of Small Causes and from the Registrar of this Court for eliciting the p