- (1.) Heard learned counsel for the appellant.
(2.) This Special appeal has been preferred under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 questioning the correctness of the order of the learned Single Judge declining to initiate contempt proceedings in a civil contempt matter arising out of Section 12 of the Contempt of Courts Act, 1971.
(3.) At the very outset, it may be pointed out that no regular appeal is provided against refusal to initiate contempt proceedings under the 1971 Act. It appears that the present Special appeal has therefore been framed as if presentable under Chapter VIII Rule 5 of the 1952 Rules on the ground that dismissal of the petition virtually decides the case of the appellant on merits and it amounts to rendering an opinion which will directly affect the fate of the case, namely the Special Appeal, which has been filed against the judgment of the learned Single Judge in the matter relating to the appellant.;