Jagdish Sahai, J. - (1.) THE learned Additional Civil Judge, Aligarh, has made the instant reference to this Court under the provisions of section 113, C. P. C.
(2.) IT would contribute to a clear understanding of the matter requiring consideration at our hands if we first reproduce the relevant provisions which are material for the decision of this case. This Court has amended Order XXXIX rule 2, C. P. C. by deleting Sub-rules (3) and (4) therefrom and by adding the following rule which has been numbered as "rule 2A": "2A (1). In the case of disobedience to an injunction issued under rule 1 or rule 2, Sub-rule (2), or of breach of any terms of any such injunction, the Court in which the suit is proceeding 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 six months, unless in the meantime the Court directs his release, (2) No attachment under this rule shall remain in force for more than one year, at the end of which time, if the disobedience or breach continues, the property attached may be sold, and out of the proceeds the Court may award such compensation as it thinks fit, and shall pay the balance, if any, to the party entitled thereto." Order XLIII Rule 1 was also amended as follows:-- "XLIII (1) (c). In Clause (r) add the words "Rule 2-A" between the words "Rule 2" and "Rule 4". The result of the amendment is that so far as this State is concerned Order XLIII rule 1 now reads: " XLIII (1). An appeal shall lie from the following orders under the provisions of section 104, namely: .. .. .. .. .. .. (r) an order under rule 1, Rule 2, Rule 2A, Rule 4 or Rule 10 of Order XXXIX."
(3.) MISC . Appeal No. 82 of 1959 was filed in the court of the District Judge, Aligarh, who transferred it for hearing to the court of the Additional Civil Judge, Aligarh. This appeal was directed against the order passed by a Munsif in which he held that Prakash Chandra (the appellant before the District Judge) had disobeyed the injunction order passed by the Munsif.;