Strangers Can Be Proceeded Against For Breach Of Injunction Under Order 39 Rule 2A CPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that the scope of Order 39 Rule 2-A of the Code of Civil Procedure,1908, which lays down consequences for disobeying an injunction or breaching the terms, is not confined to the parties in the suit. The provision applies to any person who has violated the order of the court.

Justice Ajay Mohan Goel remarked that: "In case of disobedience or breach of an injunction, the Court may order attachment of the property or detention in civil prison of the person guilty of such breach. This provision does not restrict itself to the parties in the lis—the expression used is 'person'.”

The respondent, Pushpa Devi, initiated proceedings under Order 39 Rule 2-A CPC against Ram Pyari. She also implicated the petitioner, Santosh Kumar, for allegedly disobeying the police officials, and instead of stopping the digging work, he threatened the family members to remove their car from the suit land.

Aggrieved, the petitioner approached the High Court seeking to quash proceedings against him. He contended that there was no allegation of willful disobedience. He only visited the site based on a complaint lodged at the Police Station.

In response, the respondent contended that the petitioner not only disobeyed the Court orders but also assisted the other party in violation of Court orders.

The Court reiterated that Order 39 Rule 2-A empowers the court to act against any person guilty of such disobedience or breach, and not only the persons who are parties to the suit.

Thus, the Court concluded that it did not commit an error in issuing the process to the petitioner.

Case Name: Santosh Kumar v/s Pushpa Devi & others

Case No.: CMPMO No.216 of 2022

Date of Decision: 22.09.2025

For the Petitioners: Mr. Rajiv Rai, Advocate

For the Respondent: Mr. Surya Chauhan, Advocate, for respondent No.1

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