Desai, J. - (1.) This is an application moved by Jagannath Prasad for committing four persons, Ram Chandra, O. P. 1, Brahmanand Sharma O. P. 2, Brijmohan Lal O. P. 3, and Mithan Lal O. P. 4, for contempt of the Court of the Civil Judge, Aligarh.
(2.) Jagannath Prasad, Brijmoban Lal and Mithan Lal are real brothers but separate from one another. Ram Chandra is the son of Brij Mohan Lal; it is alleged by Jagannath Prasad that they are joint with each other, but the allegation is denied by them. A certain dispute which had arisen between Jagannath Prasad and Brij Mohan Lal was referred to the arbitration of Mithan Lal, another person with whom we are not concerned, and Jwala Prasad, Jwala Prasad being the umpire. The nature of the dispute referred to arbitration is in controversy; according to Jagannath Prasad it was in respect of rent of a godown which had been let out by him to Brij Mohan Lal, while according to Brij Mohan Lal it was in respect of certain ornaments worth Rs. 9,000 which had been kept by him in deposit with Jagannath Prasad, Before the arbitration proceedings started Jagannath Prasad gave a notice-withdrawing his consent to the reference. But two of the arbitrators gave an award, treating the dispute referred to them as being one in respect of the price of the ornaments. Then Brij Mohan Lal instituted a suit in the Court of the Civil Judge, Aligarh, for the filing of the award and it is pending. Jagannath Prasad contested the suit by filing a written statement on 28-4-1948. In Para. 11 of it he wrote : "The plaintiff is under the influence of his youngest SOD RAM Chand alias Kara Goandi who is a very chalak, awara and qimarbaz person and who is jealous of the contesting defendant. So the plaintiff with a view to exert undue pressure on, and blackmail, the defendant, has concocted this false and amazing claim of depositing ornaments with the defendant" Ram Chand was not a party to the suit. On 28-5-1948 Ram Chand gave a written notice to Jagannath Prasad, quoting the above abusive words and seeking relief in the following words : ''By describing me as chalak, a war a and qimarbaz you have seriously disgraced me. Thereby I have been very much defamed, and I have suffered mental pain. You have, therefore, committed an offence under 8. 500, Penal Code. Take notice that if you fail to withdraw these words, and do not tender written apology for it, and fail to pay Rs. 500 as damages, within three days of the receipt of this notice proceedings will be taken against yon in the civil and criminal Courts. You are hereby being informed accordingly." Jagannath Prasad did not comply with the notice and Ram Chand, through his counsel Shri Brahmanand, O. P. 2, filed a complaint under Section 500, Penal Code, in the Court of the City Magistrate, Aligarh. That complaint is still pending.
(3.) Jagannath Prasad wants Ram Chand, Shri Brahmanand, Brij Mohan Lal and Mithan Lal to be punished for contempt of the Court of the Civil Judge, Aligarh, on the ground that Ram Chandra gave the notice and filed the criminal case against Jagannath Prasad in order to pervert the course of justice. It is alleged that Shri Brahmanand had previous knowledge of the fact that proceedings regarding the ornaments were pending in the Court of the Civil Judge and a plea of the status of the opposite party 1 has been raised in the written statement as he is the lawyer of opposite party 3 in that suit. It was alleged against Mithan Lal that he is helping the other opposite parties in the prosecution of the complaint. There is also a general allegation that all the opposite parties have attempted to put undue pressure upon Jagannath Prasad with a view to his with-drawing the plea contained in Para, 11 of his written statement and that opposite party No. 1 is being directly and indirectly assisted by the other opposite parties in treating the Court with contempt.;