The application for breach of injunction should be
separately registered as Misc. Judicial case and should be tried
by framing appropriate points. The proceeding under Order 39,
Rule 2A of the Civil Procedure Code are absolutely independent
proceedings
A proceeding under Order 39, Rule 2-A, Civil Procedure Code, initiated on the ground of disobedience or breach of injunction order, is in the nature of a criminal proceeding as the person against whom such proceeding is initiated is liable to be detained in prison if it is found that he had committed breach of injunction order. Since a punishment is imposed and a person is sent to jail, the principle on which these proceedings are decided are entirely different. Here the principle of criminal law will apply and the plaintiff will have to establish beyond any shadow of doubt that the defendants had committed disobedience or breach of the injunction order even though he had full knowledge of the same. The burden of proving its case in such cases lies entirely on the plaintiff. The principle on which a civil suit is decided are different as here decision on the issues arising out of pleadings is taken on the basis of preponderance of evidence. Therefore, a common judgment and order deciding the main suit as well as application under Order 39, Rule 2-A, Civil Procedure Code will not be proper.
Bombay High Court
Rampyaribai Wd/O Sukhdeo Daga And ... vs Niladevi Wd/O Narayandas ... on 30 April, 2007
Equivalent citations: 2007 (4) MhLj 213
Bench: A Chaudhari
