SUPREME COURT OF INDIA

Before:- Ruma Pal and Dr. AR. Lakshmanan, JJ.

Civil Appeal No. 3765 of 2005. D/d. 15.7.2005.

Babulal and another - Appellants

Versus

Municipal Corpn. Ratlam and others - Respondents

Contempt of Courts Act, 1971, Sections 12 and 2(b) - Constitution of India, 1950, Articles 129 and 215 - Person not a party to original proceedings - Can be proceeded against or not - High Court proceeded on the basis that it was settled law that a person not be proceeded against in contempt - Issue debatable one - Order of High Court set aside - Matter remanded back for reconsideration of the issue.

[Para 2]

Cases Referred :-

S.N. Banerjee v. Kuchwar Lime and Stone Co. Ltd., AIR 1938 Privy Council 295 : 43 CWN 197.

ORDER

Ruma Pal, J. - Leave granted.

2. The High Court appears to have proceeded on the basis that it was settled law that a person not a party to the original proceedings cannot be proceeded against in contempt. The issue is a debatable one, particularly having regard to the law on the issue particularly in S.N. Banerjee v. Kuchwar Lime and Stone Co. Ltd., AIR 1938 Privy Council 295 : 43 CWN 197. The order of the High Court is set aside and the matter is remanded back for reconsideration of the issue.

3. The appeal is disposed of accordingly.