App. of Order39, Rule 1,2 + Misc. Civil Contempt ?
Kumar Krishan Agarwal Advocate
(Querist) 18 October 2010
This query is : Open
Dear Ld Counsel,
Please do remember that In Uttar pardesh order 39, Rule 3A has omitted. The matter is lying in Uttar Pardesh jurisdiction.
Matter begins:-
1. I (plaintiff's counsel) have contesting a civil suit(A) began in 2008 of property dispute into which
I got an Ex parte interim status quo order on my attached Interlocutory Application[A1] for stay under Order 39 Rule 1,2 in suit(A) for stopping the mischief work. But when The respondents not stopped their mischief work, I filed another Misc Civil Contempt suit(B)Order 39,Rule 2A before the same court for taking prompt action but in vain & no urgent relief I got in contempt case.
The Respondents filed W.S on suit(A) plaint paras. The Respondents also filed objections (i.e reply) about the interlocutory application[A1] attached in suit (A).
2. After that various interlocutory applications filed by plaintiffs for Amendment, Discovery and inspection, Damages claim, etc which all are pending in the court file and not come up for the first hearing till yet since 2008. The matter is on begin stage & The Issues not framed yet.
3. The Respondents Counsel pressing on the hearing of the interlocutory Application[A1] in suit(A) to decide first while all the Interlocutory applications of plaintiffs may be heard later after the arguments completed on interlocutory app.[A1].
4. The Misc Contempt Suit(B) is lying motionless/inactive and put in and out its file every-time on each dates in the large file bunch of suit(A) (like matter be tagged) and only the hearing of the Suit(A) has been taking place on each court dates while the Respondents also not get the noticed served in contempt matter till yet i.e suit(B) and avoiding intentionally.
Now my Question Are :-
Q1. Is there mandatory according to C.P.C that to first decide the Interlocutory Application[A1] first while the rest of the Interlocutory applications of plaintiff's will be heard lately or after-that application[A1].
Q2. Why The Misc Contempt Suit(B) not proceeds on each dates separately by Court and ignoring the contempt matter to be heard?
Q3. Is the Civil Contempt matter(B) will go in parallel with the suit(A) by court or The full and final hearing of the Suit(A) the court of law will begin the trial of the suit(B) ?
i.e How and when the trial be commenced of suit(B) /at what stage ?
