Inquiry Under Order XXXIX Rule 2A CPC Must Comply With Principles Of Natural Justice, Parties Must Get Fair Opportunity To Present Case: Supreme Court

The Supreme Court has observed that when a trial court conducts an inquiry under Order XXXIX Rule 2A read with Section 151 of the Civil Procedure Code, which deals with alleged willful disobedience or breach of a temporary injunction order, both parties must be given a fair opportunity to present their case.

A Bench of Justices B V Nagarathna and Ujjal Bhuyan passed the order while allowing an appeal filed by Hero Cycles Limited against the Patna High Court’s September 3, 2025 order. Senior Advocates A M Singhvi and Shyam Sivan appeared for the appellants, while Senior Advocate Ramji Srinivasan represented respondent Hero Ecotech Limited and others.

The dispute before the Supreme Court centered around a September 7, 2019 order passed by the trial court in a title suit filed in 2014. In that order, the trial court had observed that contempt proceedings should be initiated against the defendants. It had also directed both parties to lead evidence and ordered that a separate record be opened for the contempt proceedings, which were to continue independently of the main title suit. The trial court had further directed both sides to make sincere efforts for early disposal of the title suit.

Counsel appearing for the respondents argued that the trial court had failed to properly decide the application filed under Order XXXIX Rule 2A read with Section 151 CPC in accordance with law. It was submitted that this compelled the respondents to approach the high court under Article 227 of the Constitution, following which the high court set aside the 2019 trial court order.

After hearing both sides, the Supreme Court said the trial court was required to adjudicate the application under Order XXXIX Rule 2A CPC in accordance with law. The Bench observed that if the applicants sought an inquiry into the alleged violation, then both parties should be granted a reasonable opportunity to participate in the inquiry, provided the inquiry had not already been completed.

The Supreme Court consequently set aside both the Patna High Court’s September 3, 2025 order and the trial court’s September 7, 2019 order.

The Bench was also informed that after the high court’s order, the application under Order XXXIX Rule 2A CPC had already been disposed of. The Supreme Court therefore restored the application to the file of the trial court for fresh consideration in accordance with law.

Case Title: Hero Cycles Limited & Another Vs Hero Ecotech Limited and others

Bench: Justices B V Nagarathna and Ujjal Bhuyan

Date of Judgment: February 10, 2026