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1976 Supreme(All) 244

SATISHCHANDRA
Saraswati Vyas – Appellant
Versus
Pratap Narain Vyas – Respondent


Advocates:
A. Rathore, for Applicant; Maqbool Ahmad, for Opposite Parties.

ORDER :- During the pendency of the suit the plaintiff applied that the defendant be called upon to furnish security in the sum of Rs. 700/- for costs of the suit and damages. In the alternative it was prayed that plot No. 20 belonging to the defendant be attached. The defendant Smt. Saraswati Vyas filed an objection in which she, inter alia, gave an undertaking that she will not alienate the said plot. The learned Munsif accepted the undertaking and refused to pass any order of attachment. Subsequently the defendant appears to have sold the plot by a registered deed of sale dated 10th May, 1968. Thereupon the plaintiff applied for action being taken against the defendant for disobeying the order of the Court. The trial Court rejected the application, whereupon the plaintiff went up in appeal. The learned Judge Small Causes held that the original order of the Munsif was an order of injunction issued under Section 151 of the Code of Civil Procedure. The defendant had given an undertaking which she had flouted. She was hence liable to be punished. He directed that the defendant be detained in civil prison for a period of 2 months. The defendant has now come up in revision.

2. The prin


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