( 1 ) HEARD the learned counsel for the appellants Sri Vijay Bajpai and Sri o. P. M. Tripathi for the respondents.

( 2 ) SRI O. P. M. Tripathi has raised a preliminary objection regarding the maintainability of the Special Appeal under Chapter VIII Rule 5 of the High court Rules. The objection is raised on the ground that the order impugned has been passed in proceedings under Section 12 of the Contempt of Courts act pending before the learned Contempt Judge, and therefore, against the aforesaid order, Special Appeal would not lie. Submission is that Special appeal would lie only after an order is passed by the learned Single Judge exercising original jurisdiction conferred upon him either under Article 226 or under Article 227 of the Constitution. The contempt proceedings are initiated and are dealt with under specific Act, namely, Contempt of Courts Act, 1971 wherein right of appeal against the order passed in contempt proceedings has been provided under Section 19 thereof. Section 19 of the Contempt of courts Act, 1971 gives a right of appeal against the orders mentioned therein.

( 3 ) IN response, learned counsel for the appellants Sri Vijay Bajpai has submitted that thought th

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