An affidavit in support of a contempt application must be duly verified and acceptable in evidence.

ORDER :- This revision application is directed against the order of the Additional District Judge, Panaji, dated Dec. 9, 1976, whereby he dismissed an appeal filed by the applicant/defendant against an order committing him to jail for disobedience of an injunction order.

2. Shortly stated the case of the plaintiffs/respondents is as follows:-

The plaintiffs are the owners of the suit land. In or about October, 1973, the defendant without the consent or permission of the plaintiffs occupied an area of the suit land and constructed a katcha structure in extension thereof (sic) and stabled a herd of some 25 buffaloes. Various other acts of encroachment were alleged in the plaint. The plaintiffs filed a suit for obtaining a perpetual injunction against the defendant restraining the defendant from continuing the encroachment, trespass, entry and other interference with the rights and enjoyment of the property of the plaintiffs, for a mandatory injunction directing the defendant to remove the barbed wire or other fencing and the hay and hay stacks therein, to remove the palm leaves stable annexed to the south end of the house, and so on. A temporary injunction in terms of these prayers was also prayed for. The temporary injunction was partly granted and the defendant was restrained from spreading or constructing any further the cow-shed and occupying the area between the house and the road for tethering cattle. The defendant was also directed to remove the barbed wire within 10 days and the pegs which have been fixed in the space between the house and the road. This order of injunction was passed on 10-5-74. On the 1st June, 1974 the plaintiffs filed an application against the defendant for having disobeyed the temporary injunction order. This application was dismissed by the order of the Civil Judge, Junior Division, Mapuca, to whom the file was allotted by the Senior Civil Judge, Mapuca. The plaintiffs appealed to the District Court, Panaji.

3. It was argued by the plaintiffs before the learned Additional District Judge that "it would have been proper" if the contempt application was dealt with by the Civil Judge, Senior Division, who had granted the temporary injunction in view of O. 39, R. 3 C. P. C., which gives powers to the Court granting injunctions to punish the disobedience or contempt, "though there is nothing precluding the learned Civil Judge, Junior Division, Mapuca, to whom the file was allotted in distribution of work from taking action against the guilty defendant-respondent." The learned Additional District Judge did not go into details of facts in view of the order he proposed to pass. In his opinion "since the learned Civil Judge Senior Division had granted the temporary injunction, he would have been in a better position to say whether there had been disobedience to the same. As he is still at Mapuca, it is convenient that the contempt application be dealt with by him personally." On this opinion formed by the learned Additional District Judge he remanded the matter to the "Civil Judge, Senior Division, Mapuca (Dr. Varela) so that the matter of alleged contempt be dealt with by him as stated above." At the time when the contempt proceedings were heard, Dr. Varela the Judge who passed the injunction order dated 10th May, 1974, had already been transferred to Bicholim and the matter had in any case to be heard by a different Judge, as it was in fact heard. Therefore the remand order had lost its value and purpose. However, as that order was acted upon I shall proceed to consider the action taken by the trial Court under it.

4. In support of the application for contempt the plaintiffs filed the affidavit of Vishnum Kalangutkar, a photographer, who made an affidavit and produced the negatives of three photographs taken by him of the locale at the request of the plaintiffs. However the negatives of the photographs are not on record. What is on record are the positives of the photographs. The affidavit was not du