Report No. 144
In the interest of maintaining judicial dignity, it seems proper that the power of the courts must be recognised and put beyond doubt, even where the injunction has been vacated. The High Courts which take a different view have advanced the reason that such punishment does not fit in with the language of Order 39, rule 2A. But, with respect, the language presents no insurmountable problem. The precise dictum of the Privy Council in the judgment of 19151 was "it was of course, interlocutory, not final, but it is binding on all parties to the order so long as it remains undischarged." We recommend that this approach should be adopted by suitably amending Order 39, rule 2A.
9.5.9. The following Explanation may be added to Order 39, rule 2A(1):
"Explanation-The court may make an order under this sub-rule, notwithstanding that the injunction or other order has been subsequently discharged or varied or set aside by the court under rule 4 of this Order or by any other court in appeal or revision."