TMI Blog1954 (5) TMI 34X X X X Extracts X X X X X X X X Extracts X X X X ..... in the Courts below and against the decree of the lower appellate Court the opposite party Chintaharan Das filed a second appeal which was registered' and numbered as S. A. 1461 of 1953. That second appeal came up for Hearing under Order 41, Rule 11, Civil P. O., before this Court on 1-12-1953 on which date the following order was recorded by the Court: This appeal will be heard. The records need not be sent for and the usual notices need not issue, as it is represented to 'us that Mr. Charu Chandra Ganguly, Advocate, has got instruction to appear for the 'sole respondent. Mr. Ganguly is permitted to enter appearance for the' sole respondent. This appeal is disposed of in terms of the Joint petition of compromise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e house as well as the articles of furniture neither the petitioner nor her representative turned up and as such the opposite party was compelled to keep the articles under lock and key. This letter has been filed by the petitioner with his petition and it is marked as annexure B . To this letter the petitioner sent a reply on 28-2-1954 denying the allegations that the opposite party was prepared to give vacant possession of the premises on or before 25-2-1954. The petitioner further alleged that upon enquiry she was satisfied that the premises were still in the possession of the opposite party who had not yet vacated the same and in this letter the petitioner charged the opposite party with having taken no step to comply with the terms of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... him to this Court in his affidavit dated 30-11-1953. It is. settled law that breach of an undertaking given to a Court by a person in a pending proceeding on the faith of which the Court sanctions a particular course of action is misconduct amounting to contempt. In the case before us on the faith of the undertaking given by the petitioner the appeal filed by him was disposed of in terms of the petition of compromise under the provisions of Order 23, Rule 3, Civil P. C. 5. Mr. Guha appearing for the opposite party strongly relied upon the decision of this Court in the case of 'Sukumar Mitra v. Tarasankar Ghosh', (A), to which I was a party. That was a case where there was an undertaking given by the tenant to vacate the premises ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment. By the order which was passed by the Court the undertaking given by the opposite party in his affidavit was made a part of the decree and there can be no doubt that the Court disposed of the appeal on the faith of the undertaking given by the opposite party in his affidavit. 7. For these reasons we have reached the conclusion that the opposite, party Chintaharan Das is guilty of breach of a personal undertaking given to this Court which amounts to contempt. 8. Mr. Guha, appearing for the opposite party, has requested us to adjourn the case for the period of one month to enable the opposite party to comply with the undertaking given by him to this Court in his' affidavit dated 30-11-1953. In that undertaking the opposite part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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