Supreme Court of India · 1992-03-12
YASHPAL SINGH vs VIII ADDL. DISTRICT JUDGE AND ORS.
- Citation / case number
- SC 1990/77054
- Court
- Supreme Court of India
- Petitioner
- YASHPAL SINGH
- Respondent
- VIII ADDL. DISTRICT JUDGE AND ORS.
- Author
- M.M. PUNCHHI
- Bench
- M.M. PUNCHHI
Judgment text excerpt
The Supreme Court held that Order 21 Rule 32 of the Code of Civil Procedure, 1908, applies only to parties against whom a decree for injunction has been passed. The Court clarified that the term 'party' does not extend to every employee of the State, and thus, the appellant, a police officer, was not a party to the suit and could not be subjected to attachment of property for disobeying the injunction. The Court set aside the orders of the High Court and civil courts, ruling that the appellant should not face action under Order 21 Rule 32 C.P.C.