P.A. Mohammed, J.

1. This is a case where civil court has initiated criminal prosecution against a party - litigant in a civil litigation. The question raised is whether the civil court has inherent power to initiate criminal proceedings under S.151 of the Code of Civil Procedure.

2. The facts required for the disposal of this case are briefly stated hereunder : The first petitioner who was residing in Bombay had agreed to sell her property through her power of attorney holder, the second petitioner, to the respondent, who had advanced an amount of Rs. 10,000/-. However, the transaction between the petitioners and the respondent did not take place and later it ended in the suit, O.S. No. 197/88 before the Munsiff's Court, Kodungallur. The said suit was filed by the respondent herein for realisation of the money advanced by him to the petitioners. He filed I.A. 664 of 1988 for attachment of plaint schedule property in O. S. No 197/88. In that proceedings, the petitioners took an undertaking before the court that the property would not be sold without obtaining permission from the court. However, the property was sold in violation of the said undertaking. Thereafter the respondent