JUDGMENT : - The short question arising for determination in this appeal is whether the person against whom an interim injunction had been granted can be punished under Order 39 R.2-A of the Civil P.C., 1908, for short Code, for violation of that injunction after the said injunction has been vacated through final orders passed in the proceedings in which the order of injunction was passed? Putting it differently. the question is whether subsistence of the order of injunction is a necessary condition for passing an order of punishment under Order 39, Rule 2-A? The question has arisen in the circumstances hereinafter indicated.

2. Appellant Sheo Kumar Saxena filed a suit against the respondents for injunction restraining them from terminating his services. An application for interim injunction was also made. The trial court, by order dated 2-1-1978, granted an interim injunction in favour of the appellant. After hearing both the parties the injunction was vacated by the trial Court on 5-4-1978. Aggrieved by this order, the appellant preferred an appeal before the learned District Judge. In this appeal also an application was made for the grant of an interim injunction which was allowe

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