Krishnaswami Nayudu, J. - These two applications are taken out by the petitioners who are the sons of the respondent for certain directions in C.M.A. No. 123 of 1955 on the file of this Court, that being an appeal against an order of the Subordinate Judge of Tirunelveli in I.A. No. 124 of 1955 in O.S. No. 25 of 1956 appointing a receiver. C.M.P. No. 5439 of 1955 is for an order to the effect that the respondent is liable to have his C.M.A. dismissed for want of prosecution until he purges himself of the contempt of Court which he is alleged to have committed under the following circumstances. The other application C.M.P. No. 5440 of 1955, is for the removal of the respondent from the receivership of one of the properties of which he was appointed receiver by this Court. The result of these applications would depend upon the petitioners establishing the charge which they have laid against the respondent that he has committed contempt of Court.

O.S.No. 25 of 1955 is a suit for partition instituted by the petitioners against the respondent in respect of joint family properties and for setting aside a deed of settlement of partition executed by the respondent without the consent and concurrence of the petitioners. During the mid-vacation of 1955, C.M.A No. 123. of 1955 was filed against the order appointing an independent receiver in respect of some of the suit properties, and the application came up before one of us (Krishnaswami Nayudu, J.). An interim order was made confirming the appointment in respect of some properties but varying the order in respect of a property known as the Dalavoi Lodging House in Courtallam by appointing the respondent himself as the receiver of that property instead of an independent receiver. Mr. S.V. Gopalakrishna Ayyar, Advocate Tirunelveli, was throughout acting for the petitioners in the proceedings between them and their father, and the said Gopalakrishna Ayyar came to Madras when the said order was passed on the 25th May, 1955, by the High Court. It is seen from Sri Gopalakrishna Ayyar’s affidavit that on the 26th May, 1955, when he left Madras for Tirunelveli, he travelled in the same train as the respondent by the Tirunelveli Express which leaves Egmore. When the train reached Chingleput, Gopalakrishna Ayyar got down from the compartment and walked up the platform for a cup of water and while he was returning to his compartment, he and the respondent having occupied different first class compartments, the compartment occupied by the respondent being nearer the engine, the respondent shouted at Gopalakrishna Ayyar in Tamil from his compartment saying “What worse things do you intend doing to me” and hurled obscene and unprintably vulgar abuse at him and threatened to beat him with shoes on reaching Tirunelveli, and three times he used the Tamil word which would mean “mother ravisher”. This unexpected exhibition of temper on the part of the respondent upset Gopalakrishna Ayyar and troubled his mind and as soon as he got into his compartment, he narrated the incident to his fellow passengers, one, Joseph, P.W.2 of the Ministry of Education, Central Government, and another Mr. Subramania Thevar of Vannarpet, Tirunelveli, who was not examined. At Madurai railway station Gopalakrishna Ayyar happened to meet Sri R. Desikachari, P.W.3, and he narrated the incident to him and requested him to send a telephonic message to his son and son-in-law asking them to meet him at the Tirunelveli Junction as he apprehended further trouble. But as the telephone system was out of order, P.W.3 sent a telegram. At Koilpatti, Gopalakrishna Ayyar met Sri Byravan, P.W.4, the Sub-Magistrate of the place, and asked him to intimate his son and son-in-law by telephone and at his instance also a telegram was sent to Tirunelveli (Exhibit P.2). When the train reached Maniyachi at 10-30 a.m. Gopalakrishna Ayyar got down from the compartment and as soon as the respondent saw Gopalakrishna Ayyar on the platform, he again indulged

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