Wilful disobedience of a decree is a necessary condition for the exercise of jurisdiction under O. 21, R. 32 of the Code of Civil Procedure.

JUDGMENT : This is a decree-holder's appeal arising out of execution proceedings. Ram Autar and Kaushal Kishore are brothers and live in premises which are contiguous to each other.

2. Ram Autar instituted suit No. 181 of 1940 alleging that Kaushal Kishore had constructed a new door EF in the upper storey of the house which opened upon the plaintiff's balcony, and that as he had no right to use the balcony he should be required to close the door. The suit was decreed on September 11, 1940 and Kaushal Kishore was directed not to interfere with Ram Autar's balcony on the first floor and not to exercise any right it way over this balcony through the door EF. In appeal from this decree, the lower appellate Court decreed further that Ram Autar could do whatever he pleased in order to prevent the use of the door EF by Kaushal Kishore for passage to the Chhajju. A second appeal by Kaushal Kishore to this Court, and cross objections filed therein by Ram Autar, resulted in a decree on November 20, 1943 whereby the declaration granted by the lower appellate court was set aside and the cross-objection was allowed in so much that Kaushal Kishore was directed not to interfere with plaintiff's balcony on the first floor and not to open the door EF and to exercise any right of way over the balcony through the door EF.

3. A second suit (No. 254 of 1942) was tiled by Ram Autar against Kaushal Kishore and others. In this suit, it was alleged that there was a passage employed by Ram Autar for going to his roof and Chhajja through A 1, A 2 to the roof of the balcony, that the defendants had fixed a door at A 1, A 2 obstructing the plaintiffs passage, and it was prayed that the defendants be directed to remove the doors and be injuncted against interfering with the plaintiff's right of way. This suit was dismissed on October 22, 1943 and an appeal filed by the plaintiff was also dismissed.

4. On November 21, 1955 an application was made for enforcing the decree in suit No. 181 of 1940, as modified by this Court on November 30, 1943 in second appeal, alleging that Kaushal Kishore had commenced interfering with the plaintiff's balcony through the door at A 1, A 2, that thereby he had disobeyed the decree passed by the court and it was prayed that proceedings under O. XXI R. 32 of the C.P.C. should be taken against him Another application was moved by Ram Autar on November 25, 1955 stating that Kaushal Kishore had started interfering with his rights for the first time in 1954. It appears that in neither application did the decree-holder indicate in what manner the judgment debtor had disobeyed the decree.

5. On March 5, 1956, the judgment-debtor applied for an order to the decree-holder requiring him to furnish details of the manner in which, and the time at which, the said inference was alleged against him. On March 22, 1956, the judgment-debtor filed objections under S. 47 of the Code, inter alia on the grounds that the execution application was vague, that the door EF had been closed by him long ago and that he had fully complied with the decree of the court and that the decree holder was not entitled to the reliefs claimed in his application. An order was passed that these objections should be treated as a suit and the suit was numbered as suit No. 385 of 1956. This suit was dismissed on June 12, 1959, after which it appears that the judgment debtor closed the door at A 1, A 2. An appeal was filed against the decree dismissing the suit, and I am told that upon failure of that appeal a second appeal filed by the judgment-debtor is pending in this Court.

6. During the proceedings before the executing court the decree holder filed an affidavit on August 3, 1956 stating that the judgment-debtor had closed the door EF after the decree by this Court on November 30, 1943, that in February 1934, however, the judgment-debtor converted an open tin shed to the west of the balcony into a room and had started passing through a door of that room into the b