The initiation of proceedings for contempt of court occurs on the date when the court issues notice to the alleged contemner to show cause why they should not be punished for contempt.

K.P.Singh, J.

1. This is an application under section 12 of the Contempt of Courts Act, 1971 filed by the plaintiff-decree holder against the defendant opposite party.

2. Shorn of unnecessary details, the facts giving rise to the above mentioned application are these. The applicants' suit for eviction of the defendant opposite party was decreed by the trial court on 15-3-1986. The appeal against the judgment of the trial court failed on 30-7-1986. The second appeal was also dismissed by me on 20-10-1986 and the operative portion runs as below :- "There is no substantial question of law involved in the present second appeal. The appeal is accordingly dismissed under Order 41 Rule 11 CPC subject to the condition that the appellant shall remain in the house in suit for six months and in the meantime she shall make alternative arrangement and hand over the peaceful possession of the house in suit to the respondent. The appellant shall pay to the respondent at the rate decreed by the court below for use and occupation, for . coming six months and she shall also pay the arrears of rent as decreed by the courts below. The above observation has been made on the undertaking of the learned counsel for the appellant. A copy of the order may be given within 24 hours." Two applications were moved by the opposite party for extension of time which were allowed.

3. Another application was moved by the opposite party Km. Beena Misra for extension of time and the same was disposed of by me on 10-9-1987 with the following observation :-

"Heard the applicant and the learned counsel for the opposite parties. More than 11 months time has been granted to the applicant to give possession to the opposite parties. On the last occasion she had stated that she would not pray for any extension of time but again she has applied for further six months time to vacate the premises in question. In the facts and circumstances of the present case, I do not consider it a fit case for extension of any further time to the applicant. More than sufficient time has been granted. Now the applicant, should vacate the premises peacefully so that the opposite parties may get possession over the premises in question. The application is hereby rejected."

4. Thereafter the opposite party appears to have filed an objection under section 47 of the Code of Civil Procedure and have prayed for stay of the execution proceeding which was rejected by the trial court. Against that order, the revision was allowed by the District Judge, Kanpur Nagar on 4-1-1988. It appears that the objection filed by the contesting opposite party Km. Beena Misra was dismissed by the trial court on 13-4-1988. Against the order of the trial court, a miscellaneous Appeal no. 111 of 1988 appears to have been filed by the opposite party which is pending before the 5th Addl. District Judge, Kanpur Nagar. The execution of the ex parte order appears to have been stayed by the order dated 18-12-1988.

When the revision petition preferred by the aforesaid Km. Beena Misra was allowed by the District Judge on 4-1-1988 against the order dated 20-11-1987 rejecting the stay application, the decree-holder applicant moved this court for punishing the opposite party on the allegations committing contempt of this court through an application dated 18-1-1988. A learned Single Judge of this court indicated that the case should be listed before me for admission. On 18-2-1988 the Acting Chief Justice directed the case to be listed before me. On 21-3-1988 time was granted to the applicant to file the copy of the objection filed by the opposite party and directed the case to be listed on 8-4-1988. On 8-4-1988 it appears that the copy of the objection preferred by the contesting opposite party in the execution proceedings was filed along with an affidavit and thereafter I passed the following order :

"Let notice go to Km. Beena Misra daughter of Vidya Dhar Misra, resident of 1/4 Kamla Nagar Colony, Kanpur to show cause why