ARUN KUMAR Vs. S K SHRIVASTAVA

JUDGEMENT

(1.) This is a Contempt Petition against one Shri S. K. Shrivastava, the then Civil Judge Class-2, Jaura, District Morena, on the ground that despite stay of proceedings of the trial Court vide order dated 20-8-2001 passed by this Court in Civil Revision No. 701/2001, the learned Trial Judge decided the suit vide judgment and decree dated 1-2-2003.

(2.) This Court vide order dated 7-1-2005 directed for issuance of notice to the respondent. Notice was made returnable within two weeks. On 4-3-2005, this Court observed that the service of notice was awaited. Office was directed to verify and list the case after the service report is received. On perusal of Part-C, it is revealed that Shri S. K. Shrivastava was in the meantime transferred to Bhopal as Civil Judge Class II under the District and Sessions Judge, Bhopal. Accordingly, notice was issued to him through District and Sessions Judge Bhopal. There is no further document in the file to ensure that on what date Shri S. K. Shrivastava was served with notice and whether he was in fact served or not. However, this petition has been heard considering the peculiar facts and circumstances of the case, which boomeranged against the applicant himself.

(3.) It may be seen that the Contempt Petition has been filed by Arun Kumar, who happened to be the plaintiff in Civil Suit No. 87A/2001. He submitted Civil Revision No. 701/2001 against an interlocutory order dated 7-8-2001 passed in Civil Suit No. 87A/2001. This Court directed on 20-8-2001 that until next date of listing, proceedings before trial Court shall remain stayed. It is stated at bar that Civil Revision No. 701/01 was not listed for hearing on or before 1-2-2003 and the order staying the proceedings of the trial Court continued to be operative till the date of judgment and decree i.e. 1-2-2003.