Adds, this Court is not competent to take cognizance of civil contempt committed in respect of an order of Civil Court passed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908.

4. Contention of learned counsel for the appellant is that the Arbitrator was not a party before the learned trial Court nor any relief had been sought against him by the parties of the suit rather the parties were allowed to avail the remedy provided under Article 18 of the agreement–Arbitration proceedings, therefore, the learned Judge-in-Chamber travelled beyond his jurisdiction while issuing direction to the Arbitrator. No direction of any nature, negative or positive, can be passed by a Court while exercising jurisdiction under Contempt of Court Ordinance, 2003. Adds, this Court is not competent to take cognizance of civil contempt committed in respect of an order of Civil Court passed under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908. Reliance is placed on Syed Yousaf Raza Gillani, Prime Minister of Pakistan v. Assistant Registrar, Supreme Court of Pakistan and another (PLD 2012 SC 466), Justice Hasnat Ahmad Khan and others v. Federation of Pakistan/State (PLD 2011 SC 680), Dr. M. O. Ghani, Vice-Chancellor, University of Dacca v. Dr. A.N. M. Mahmood (PLD 1966 SC 802), Muhammad Siddique v. Mr. Basit, Additional Director, K.D.A. and 2 others 1991 MLD 1832 (Karachi), Bimal Chandra Sen v. Kamla Mathur and Anr 1983 CriLJ 495), Rudraiah v. State of Karnataka and Ors. AIR 1982 Kant 182, Dalib Singh v. Ram Nath and Anr. 2003 CriLJ 2984, Shiv Nath Prasad Khandelwal v. Ram Kuma, District Magistrate and Anr. 2003 CriLJ 1853, Dr. Nazeer Saeed v. Muhammad Javaid and 16 others (PLD 2014 Lahore 660), Mehdi Hassan, Additional Secretary, Food and Forests Department, Government of West Pakistan and another v. Zulfiqar Ali, Conservator of Forests, Development Circle, Lahore PLD 1960 (W.P.) Lahore 751, Prithawi Nath Ram, v. State of Jharkhand and others AIR 2004 SC 4277, State of Bihar and others v. Rajendra Singh and another, AIR 2004 SC 4419, K.G. Derasari and another v. Union of India and others (2001) 10 Supreme Court Cases 496, Muhammad Swaleh and another v. Messers United Grain & Fodder Agencies (PLD 1964 SC 97), Mian Sultan Ali Naghiana v. Mian Nur Hussain (PLD 1949 Lahore 301), S.M. Waseem Ashraf v. Federation of Pakistan through Secretary, M/o Housing and Works, Islamabad and others (2013 SCMR 338) and Abdul Haleem v. Raja Qurban Hussian and others PLD 1965 (W.P.) Lahore 570.  

 Part of judgment 

IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT

I.C.A (Civil) Contempt
31697-17

2017 LHC 2135