Decided on December 26,1983

Kulsambibi D/O Shah Mohamed Noor Mohamed Appellant
Noor Ahmed Noor Mohmed And Others Respondents


S.L.TALATI - (1.) For the purpose of deciding these appeals it is not necessary to state all facts. The reason is that all facts are stated in the judgment of City Civil Court and those facts are admitted.
(2.) The appeals are filed challenging the order passed by the Judge City Civil Court (Court No. 3) Ahmedabad in Civil Suit No. 3615 of 1973. The application below exh. 546 was decided by the learned City Civil Court Judge on 23-9-1983.
(3.) One Noor Ahmed Noor Mohmed was the plaintiff and Kulsambibi Ibrahimbhai and Usmanbhai were the three defendants. The original suit was filed as an indigent person and it was in fact the permission to allow the original plaintiff to file the suit as an indigent person under Order 33 of the Civil Procedure Code. It was Civil Miscellaneous Application No. 452 of 1972. That application was granted and it was thereafter numbered as suit. Ad-interim injunction exh. He was issued and served on defendants Nos. 1 2 and 3. Ultimately the suit was numbered as Civil Suit No. 3615 of 1973. There was a breach of injunction order issued and therefore application exh. 546 was required to be given. Ultimately after hearing the parties the learned City Civil Court Judge passed an order and he ordered defendants Nos. 1 2 and 3 may be detained in civil prison for a period of one month. He also passed an order to the effect that the plaintiff should furnish particulars of the properties of defendants Nos. 1 2 and 3 which were liable to be attached under Rule 2A of Order 39 of the Civil Procedure Code. It was stated that on such application being furnished further orders regarding the attachment will be passed. That order is now challenged.;

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