Breach or disobedience of injunction - Persons who are not parties where order of injunction is passed are normally not to be proceeded against for disobeying injunction - But proceed against agent of respondent - application under O.39 R.2A is not hit by delay and laches -

Citation 

AIROnline 2019 Guj 535

GUJARAT HIGH COURT

J. B. PARDIWALA , J.

APPEAL FROM ORDER - 371 of 2015 D/- 29 - 7 - 2019

JAGDISHBHAI MADHUBHAI PATEL v. SARASWATIBEN ASHARAM REVENDAS AND ORS.

(A)Civil P.C. (5 of 1908), O.39 R.2A - Contempt of Courts Act (70 of 1971), S.12 - Breach or disobedience of injunction - Contempt of order of court - Relationship between proceedings under CPC and proceedings under Act of 1971 - Willful disobedience - Application filed under

Order 39 Rule 2 A of CPC - Both proceedings are analogous to each other - Special provision inserted in Code shall prevail over general law of contempt contained in Contempt of Courts

Act, 1971 - Main aim is to enforce order of injunction - Even High Court, in such a case, shall not entertain petition under provisions of Act, 1971. (Paras 11, 14)