- (1.) THE present petition has been filed by the petitioners challenging the order dated 4.11.2011 passed by the Addl. Civil Judge, (JD), No.1, Jaipur Metropolitan (the court below) in Contempt Application No. 108 of 2011, whereby the court below has allowed the application of the respondent No.1 (applicant) filed under Order XI Rules 12,14,15 and 16 read with section 151 of CPC.
(2.) HEARD learned counsel Mr.Praveen Balwada for the petitioners and respondent No.1-Shri Anjan Kumar Khatod appearing-party in person. The short facts giving rise to the present petition are that the respondent No.1 had filed the suit, being Civil Suit No. 310 of 2003 against the two defendants namely Pink City Press Club Ltd, Jaipur through its Chairman and against Principal Secretary of the said club, seeking declaration and mandatory injunction as regards his membership in the defendant-club. The said suit appears to have been proceeded exparte against the defendants and an exparte decree came to be passed by the Civil Judge (JD), Jaipur City, Jaipur on 19.2.2004, whereby the court directed the defendants of the said suit to make the respondent No.1-plaintiff the member of the defendant-club, on his complying with the terms and conditions of the defendant-club. It appears that thereafter, the execution proceedings were also filed by respondent no.1 and orders were also passed by the executing court and by the court of Addl. District Judge, Jaipur. It further appears that thereafter the respondent No. 1 was made the general member of the said defendant-club pursuant to the said decree dated 19.2.2004 and he was also given the membership No. 1118 by the said club. The respondent No.1 also contested the elections of the club twice and lost in the said elections after becoming the general member.
(3.) HOWEVER, it appears that thereafter the said club, on the scrutiny, found that some of the members including the respondent No.1, were not working as journalists and therefore were not entitled to be continued as the general members of the club, and therefore a unanimous decision was taken in the annual general meeting of the club, which was held on 26.5.2011, to covert some 12 general members as the associate members, debarring about 136 general members from the membership of the club. The membership of respondent No.1 also having been converted from the general membership to associate membership, the respondent No.1 filed the petition being contempt petition before the court below on the ground that the present petitioners had violated the decree and orders passed by the trial court and the appellate court and therefore had committed contempt of court. The said application appears to have been registered as contempt application No.108 of 2011. In the said contempt application, the respondent No.1 had submitted an application under Order XI Rules 12,14,15 and 16 seeking production of certain documents from the present petitioners. The petitioners objected to the said application, however, the court below allowed the application of the respondent no.1 and rejected the objection of petitioners vide the impugned order dated 4.11.2011.;