Contempt application by plaintiffs
Querist :
Anonymous
(Querist) 01 May 2019
This query is : Resolved
Hearing going on contempt application filed under 39 2a by an unregistered firm of two partners and one partner dead before trial, no legal heir named, contempt application filed during ongoing suit,
after only surviving partner filed ws and got cross-examined where as alleged date of contempt much before case came on board.
Previous lawyer did not file reply and left the case at crucial time, present lawyer also
has not filed reply to contempt application.
Yet I have not been served any notice / summons as there are many loop holes in the main suit as well as contempt application ( plaintiffs a sham farzi firm)
It has been 4 years since plaintiffs filed the contempt application and 18 months since hearing on application by court( 22 dates),
also plaintiffs lawyer not attending Court as well as my lawyer. Some nexus going on. I am outsider to the place of suit.
I personally went to court and judge said bring your lawyer and file reply.
Lawyer is a big head and difficult to get him. around. His assistant not replying my mails / enquiry. Handsome advance fee paid.
Sirs,
Can I personally file the reply in form of affidavit or through some other lawyer.
Contempt application by plaintiffs / defendants is self contradictory and bares plaintiffs claim that they had the possession. Suit is for declaration.
Further can award punishment for contempt without hearing me, or giving notice / summons or framing issues.
So far no written explanation asked by court in writing.
Anonymity essential.
Advise and oblige if you can.
Dr J C Vashista
(Expert) 02 May 2019
1. You can proceed as "party-in-person", there is no bar/ restriction or compulsory.
2. Prima facie you are well aware about legal process, there is the need for seeking professional services of a lawyer, however, it may be beneficial for you to engage a prudent lawyer.
3. You may seek further guidance of a local prudent lawyer for better appreciation of facts/documents, advise and proceeding.
4. Nothing is there in your post to maintain anonymity, as stated.
5. If you are located in Delhi and feel so, may contact me (on appointment) at: Ch. No 647, Lawyer's Chamber Block, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939
Querist :
Anonymous
(Querist) 03 May 2019
Sirs
I will be highly obliged if you can guide me to file contempt reply my self despite having lawyer. Do I need help of some junior lawyer? Do I need to submit the reply to judge on the date of hearing or can I submit it to registrar.
Sirs case of plaintiffs is so weak that contempt application filed under 39 2a filed still pending without notice or summons on me.
Previous lawyer left when hearing began on contempt / breach of status quo application which was kept pending for two years and hearing going on since more than one year.
Sirs
Case is so absurd that plaintiffs asked to prove if the dead partner is the partner of the firm and signed the contract.
Earlier 9/11 rejected for unregistered firm but in issues framed same is one issue.
Plaintiffs lie of possession also self exposed in contempt application and do on.
But yet reply not filed by my lawyer.
So I wish to file it myself by an affidavit.
Need useful tips.
