Under an order passed by the appellant, a Magistrate, one G was put in possession of some property on October 14, 1955· In revision the order was set aside. by the High Court on August 27, 1957. and the opposite party S applied, on November 20, 1957. to the appellant for redelivery of possession. G applied to the High Court for a review of its previous order and on November 25, 1957, the application was admitted and an interim stay was granted of the proceedings before the appellant. On November 26, 1957. an application bearing an illegible signature and not supported by an affidavit was filed before the appellant indicating that the High Court had stayed the proceedings. A telegram addressed to a pleader, not the counsel for G, was filed along with the application. The appellant refused to act on this application and telegram and on November 27, 1957, he passed an order allowing the application of S for restitution. On November 28, 1957. a copy of the order of the High Court was received and thereupon the writ for redelivery of possession was not issued. The High Court convicted the appellant for contempt of court for passing the order for restitution on November 27, when the High Court had stayed the proceedings. The appellant appealed to the Supreme Court and impleaded the Chief justice and Judges of the High Court as respondents.
