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Property Lawyer: Mere disobedience of order is not punishable under order 39 Rule 2A CPC; SC.

Supreme Court of India

Justice R Banumathi and Justice A S Bopanna

Under Order 39 Rule 2A CPC, the appellant before the SC, was sentenced to imprisonment of one week for violating interim injunction by the appellant, which order was upheld by the High Court.

It was held by the SC {U C Surendranath versus Mambally's Bakery} that the court for finding a person guilty of wilful disobedience of the order under Order 39 Rule 2A CPC, there has to be not mere "disobedience" but it should be a "wilful disobedience". It was held by the SC, in the present case as the appellant has offered an explanation which was the plausible one; it was found to be acceptable by the SC, and the order imposing punishment and holding guilty for violation of interim order was set aside.

It was further held by the SC that the allegations of wilful disobedience are in nature of criminal liability, the same has to be proved to the satisfaction of the court. It has also to be seen by the court whether the party has explanation to do, the act of alleged violation. Accordingly the appeal was allowed by setting aside the punishment imposed.

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