IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.721 of 2008 1. Ramanand Singh, Son of Late Munshi Singh. 2. Santosh Kumar. 3. Sanjeev Kumar. Both are sons of late Rajeshwar Singh. All are resident of Village Panapur Kariyat, P.O. Panapur Kariyat, P.S. Kanti, Dist. Muzaffarpur. ---------- Opp. Parties/ Petitioners Versus Shankar Singh, Son of late Satahu Singh, Resident of Village Panapur Kariyat, P.O. Panapur Kariyat, P.S. Kanti, District Muzaffarpur. ---------- Petitioner/Opp. Party ----------- 3 01.04.2010 Heard learned counsel for the parties. This case for contempt under Section 215 of the Constitution of India has been filed in support of an order dated 11.11.2003 in Civil Revision No. 1944 of 2001. Learned counsel for the petitioners would submit that since this Court had passed the order under Section 115 of the Code of Civil Procedure which in violation in any manner by the opposite party would make him liable to be proceeded in a contempt proceeding arising out of Article 215 of the constitution of India. In the opinion of this Court, counsel seems to be wholly incorrect, inasmuch as, the said order was passed with relation to an 2 injunction matter. There is a remedy in the C.P.C. under Order 39 Rule 2A wherein any order of injunction if violated by the party would be the subject matter of the appropriate court where the matter is pending. Merely because the High Court had passed an order in civil revision in the injunction matter would not make the petitioner entitled to move under Article 215 of the Constitution of India. This Court, therefore, is not going to take into account the defence of the opposite party that he has not violated the order of this Court, inasmuch as, such defence will have to be taken and proven with the help of evidence if so required in an appropriate proceeding drawn at the instance of the petitioner in terms of Order 39 Rule 2A of the Code of Civil Procedure. That being so, this application is wholly misconceived and the same is accordingly dismissed. Rsh (Mihir Kumar Jha, J.)