Contempt jurisdiction should be reserved for matters that bring the administration of justice into contempt or unduly weaken it, and parties should not skip over effective alternative remedies and resort to contempt proceedings.

ORDER :

Suneet Kumar, J.

1. Heard learned counsel for the parties.

2. The instant contempt petition has been filed for violation of the order dated 23.07.2018 passed in Second Appeal No. 700 of 2018, Ram Raj (deceased) and another v. Shyam Lal and another, whereby, parties were directed to maintain status quo with regard to the suit property.

3. Since disputed questions of fact are involved, which cannot be gone into in contempt jurisdiction. Applicant has remedy under Order 39 Rule 2(A) of the Code of Civil Procedure. This Court in contempt jurisdiction would decline to return finding on disputed questions of fact.

4. Reference may be made in this regard to a decision of this Court dated 18.09.2013 passed in Contempt Application (Civil) No. 4384 of 2013, wherein similar issue fell for consideration. The order dated 18.09.2013 reads thus:

"Heard learned counsel for the applicant.

This application under Section 12 of the Contempt of Courts Act, 1971 (for short the 'Act') has been filed to punish the opposite parties for alleged willful disobedience of temporary injunction order dated 27.2.2006 passed by the Civil Judge (Junior Division), Jaunpur in O.S. No. 1589 of 2003.

It has been alleged that opposite parties have violated the order of status-quo passed by the Civil Judge by making construction forcibly on the suit property on which temporary injunction was operating.

Section 10 of the Act vests every High Court with the same jurisdiction, powers and authority in respect of courts sub-ordinate to it as it has and exercises in respect of of contempt of itself, only exception being a contempt in respect of sub-ordinate court where such contempt is an offence punishable under the Indian Penal Code.

The question which arises for consideration is whether an application under Section 12 of the Act is liable to be maintained for an alleged violation of temporary injunction order passed by a court in exercise of powers conferred by Order XXXIX Rule 2A C.P.C. Order XXXIX Rule 2A C.P.C. reads as under:

"2-A. Consequence of disobedience or breach of injunction-

(1) In the case of disobedience of any injunction granted or other order made under rule 1 or rule 2 or breach of any of the terms on which the injunction was granted or the order made, the Court granting the injunction or making the order, or any Court to which the suit or proceeding is transferred, may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding three months, unless in the meantime the Court directs his release."

5. The issue came up for consideration before a learned single Judge of this Court in the case of Smt. Indu Tiwari v. Ram Bahadur Chaudhari and others, AIR 1981 Allahabad 309 wherein it was observed:

"It is well settled that the matter of contempt is always an issue between the court and the contemnor. No right vests in a private party to get any person punished for contempt. He can only inform the Court of the contempt committed by any person and thereafter it is for the Court to deal with the contemnor. The party which informs the Court about the alleged contempt can only assist the Court in coming to the conclusion whether any contempt has been committed or not. As opposed to this, if a person obtains in interim injunction or a final decree for injunction, he gets a right to enforce it. The provision for enforcement of an interim injunction is contained in Order XXXIX Rule 2- A, Civil P.C. and the provision for enforcement of a decree for injunction is contained in Order XXI, Rule 32, Civil P.C. According to the said provision, a person who disobeys an injunction order can be put into prison and his property can also be attached. The attachment can continue for one year and if the party against whom the order or decree is passed refused to comply, the property can even be sold. The orders passed in proceedings under Order XXXIX Rule 2-A as well