1 D.B.Civil Contempt Petition No.944/2010 Devendra Kumar Upadhyay V/s Bhanu Kumar 8.11.2010 Hon'ble the Acting Chief Justice Mr.Arun Mishra Hon'ble Mr.Justice Mohammad Rafiq Mr.A.C.Upadhyay for the petitioner. This contempt petition has been filed as against the order passed by the trial court for initiating proceedings for contempt against him. Mr.A.C.Upadhyay is too much vociferous in his submissions and he has attacked civil court for committing the violation of the decisions rendered by this Court in the matter of allowing cross- examination with respect to the affidavit filed in support of application under Order 39 Rule 1 and 2 CPC. After hearing learned counsel for the petitioner at great length, we are of the opinion that attempt has been unnecessarily made to terrorise the trial court. Trial court has given in its order reasons in detail for passing the order. On merits also, it has not been considered appropriate by the trial court to allow cross- examination. It has been mentioned in paragraph 9 of the order passed by the trial court that in the application filed for the purpose of cross- examination, it was not mentioned as to with respect to which of the fact the permission was sought for cross-examination. We find on entire reading of the order that the trial court has considered the application on merits and it cannot 2 be said that there is violation of any of the decisions rendered by this Court with respect to treating affidavit as evidence for the purpose of deciding the application under Order 39 Rule 1 and 2 CPC. We are surprised that such contempt petition has been filed, which in-fact, is wholly misconceived. Accordingly, this contempt petition is dismissed with cost of Rs.500/- (Rs.five hundred only). (Mohammad Rafiq)J. (Arun Mishra)Acting C.J. Parmar