Ramakrishnan, J. -

This application was filed by a private party, G. Hariprasad for taking action by this Court for contempt under section 3 of the Contempt of Courts Act, 1952 (Central Act XXXII of 1952) against Sri G. Vasantha Pai, the respondent herein, an Advocate of this Court. The application, had a somewhat long and chequered history, but owing to certain developments subsequent to the filing of the application, the scope of the enquiry has been narrowed down to a considerable extent, and therefore, we propose to touch briefly on the several points raised in the present proceedings and which have formed the subject-matter of acute controversy between the rival parties.

The petitioner Hariprasad is the second defendant in C.S. No. 65 of 1964 which was a suit filed by the Amalgamated Commercial Traders (Private), Limited. The suit was pending before Sadasivam, J., sitting on the Original Side of this Court. Hariprasad filed I.A. No. 1858 of 1964 praying that the plaintiffs should be directed to offer security for the ultimate costs in the suit. In the affidavit filed in respect of the interlocutory application inter alia the following allegation was made by Hariprasad:

" In Madr

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