Order 39 cpc
BHARTI KOTHARI
(Querist) 09 December 2018
This query is : Resolved
helo sir
a declaratory & injunction suit was filled against the land lord and while stay the land lord has demolished the building and therefore we filled contempt petition.
since the contempt petition was filled after 15 month from date of knowledge and therefore the other side has raised limitation aspect and accordingly non maintainability of apllication.
it is our stand that since it is case of dis obidience and therefore there will not be limitation and further it is not filled before high court but before same court under order 39 Rule 2A and not under contempt of court act. Am I right ?
Can I make application for condonation of delay at this stage ?
Dr J C Vashista
(Expert) 09 December 2018
Your application do not attract and have any limitation, it can be filed any time.
Nothing wrong to get worried, your action is perfect.
Best of luck.
