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Constitutional Petition No. D-14 of 1983, decided on 14th May, 1985.

---S.3--Civil Procedure Code (V of 1908), O.XXXIX, R.2(3)-- Disobedience or breach of injunction granted by Court--Court granting injunction has power to take action against contemner under O.XXXIX, R.2(3), C.P.C. and petition to High Court under S.3 of Act LXIV of 1976 does not lie.

---Art.199--Death of one of respondents during pendency of petition under Art.199--Legal representatives of deceased respondent allowed to be brought on record.

Fazal Hussain Mirza for Petitioner.

Sultan Ahmed Khan for Respondents No.1 and 2.

Riaz Ahmad for Intervenor.

.--By this application the petitioner requests this Court to proceed against the alleged contemner (Baqaullah Khan Rajput) District Housing Officer, Satellite Town, Shah Latifabad, Hyderabd, respondent No.2 under section 3 of the Contempt of Courts Act, 1976 for violating the order of the status quo issued on 23-11-1982 by the Ist. Extra Joint Civil Judge, Hyderabad in Civil Suit No.405 of 1982 which is pending before him.

At the very outset we asked Mr.Fazal Hussain Mirza as to why he did not file such application before the learned Court of First Extra Joint Civil Judge, the contempt of whose order is alleged to have been made by respondent No.2. His reply was that the said Court has no power to punish the alleged contemner. The contention seems to be misconceived. We may refer to sub-rule (3) of rule 2 of Order XXXIX, C.P.C. which provides that. In case of disobedience, or of breach of any such terms, the Court granting an injunction may order the property of the person guilty of such disobedience or breach to be attached, and may also order such person to be detained in the civil prison for a term not exceeding six months, unless in the meantime the Court directs his release."

In view of this provisions of law and moreso because an enquiry as to the fact might be necessary to arrive at a finding, we are not inclined to entertain this application. The petitioner may, however, make such an application to the learned Court of First Joint Civil Judge, if so advised.

(2) M.A. 143/84. This is an application for bringing L.Rs. on record of respondent No.3 who has admittedly died during the pendency of this petition. Since Mr.Fazal Hussain Mirza opposed this application we enquired from him whether he would be willing to strike off respondent No.3 claiming no relief, against him as he has died, his reply was that he will not drop him because there are certain facts relating to respondent No.3 which are very material for the purpose of this petition.

We, therefore, allow this application and order that the L . Rs . be brought on record. It is, however, pertinent to note that respondent No.3 (Ayoob Ahmed Khan) was impleaded as respondent in this petition by this Court order dated 26th January, 1984.

.The application stands disposed of.

K.B.A./B-38/K

Order accordingly.

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