Govindan Nair, CJ. - The appellant has been fined Rs. 1,000 by N.S. Ramaswami, J. In default of payment of that sum, he was sentenced to undergo simple imprisonment for three months. The appellant has paid the fine.

2. In this appeal, it is contended by the learned counsel that the appellant has not been really guilty of contempt, in that he had not wilfully disobeyed any order of the Court. It may be mentioned at this stage that the appellant was punished for contempt on the basis that he wilfully disobeyed the order of the Court to produce the account books of the Wakf of which he was the Muthawalli. A few more facts have to be stated to appreciate the contentions urged by his counsel at the time of the hearing of this appeal.

3. There was a suit for rendition of accounts which was numbered as C.S. No. 1 of 1965. The prayer in that suit against the appellant was only for rendition of accounts. Ismail, J., considered that suit and found that the contentions of the parties comprehended issues wider than mere taking of accounts and, therefore, dismissed the suit with permission to the plaintiff to institute a fresh suit which is more comprehensive. The dismissal was in the year, 1968

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