VidhiSangh

Supreme Court of India · 04/03/2025

SMT. LAVANYA C & ANR. versus VITTAL GURUDAS PAI SINCE DESEASED BY LRS. & ORS.

[2025] 3 S.C.R. 450 · 2025 INSC 325

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Summary

In a suit to rescind a joint development agreement, the defendants' counsel twice undertook in 2007 that the defendants would not alienate the suit property, and the Trial Court made the undertaking an order which was extended from time to time; sale deeds were nonetheless executed. The Trial Court dismissed the plaintiffs' application under Order XXXIX Rule 2A CPC, but the High Court in appeal held the defendants guilty of disobedience and ordered civil imprisonment, attachment and compensation. The Supreme Court confirmed the finding of contempt, rejecting the plea that counsel lacked authority to give the undertaking since the clients never sought its discharge for over four years, but deleted the civil imprisonment on account of age, kept the attachment and enhanced the compensation to Rs 13 lakhs with interest.

Issues

  1. Whether the application under Order XXXIX Rule 2A CPC was maintainable when the order disobeyed was made during the pendency of the suit, which was later dismissed.
  2. Whether the High Court was right in reversing the Trial Court and holding the defendants guilty of wilful disobedience of the undertaking given by their counsel and made an order of the court.
  3. Whether the defendants could escape liability on the plea that their counsel gave the undertaking without express authorisation.
  4. Whether the sentence of civil imprisonment, attachment and compensation called for modification.

Provisions considered

Held

Result

Appeal partly allowed. The finding of contempt and the attachment of the suit property for one year are confirmed; the sentence of three months' civil imprisonment is deleted; compensation enhanced to Rs 13 lakhs with 6 per cent simple interest from 2 August 2013. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 3 S.C.R. 450.