- (1.) ON the basis of a promissory note dated 6-6-1963 Seth Budh Singh Bapna instituted a suit against Sahibzada Abdul Bais Khan of Tonk. During the pendency of the suit on 30-5-64 the plaintiff moved two applications. One was for attaching before judgment the Khandan allowance payable to the defendant and the other was to restrain the defendant from receiving the said allowance from the Collector. Tonk. and the Collector from disbursing it. The learned Civil Judge passed an ex parte order restraining the defendant from receiving and the Collector from disbursing the amount to the extent of Rs. 60,000/ -. Let us recall the exact words of the restraint order because its disobedience is an important question for decision. . . (VERNACULAR MATTER OMMITED ). . The order was served on the defendant on 2-7-1964. On 5-10-64 the defendant appeared and contested the application saying that the plaintiffs move was vexatious and that the Khandan allowance was not attachable.
(2.) AGAINST the order of the learned Civil Judge an application by way of revision was also filed which is No. 232 of 1965, which we shall dispose of by this judgment.
(3.) WHILE the matter was pending the plaintiff moved an application before the Civil Judge Tonk under Order 39, Rule 2 (3) C. P. C. stating that the defendant had withdrawn the amount of Rs. 36. 556-50 from the treasury Jaipur by Pension Payment Order No. 479 and he should be committed to civil prison. This Court had directed, in the Civil Revision, the Civil Judge to decide the question whether the amount payable to the defendant was attachable. The plaintiff led evidence and the learned civil Judge found that the payment of Rs. 36,000/-and odd was not exempt from attachment; that the defendant fraudulently managed to draw the forbidden allowance from Treasury Jaipur and thus circumvented the order of the Court and was guilty of disobedience. He accordingly directed the attachment of the defendant's property and committed him to civil prison for two months. Defendant Sahibzada has preferred this appeal.;