Remedies against dismissal of Contempt of Court by City Civil Court
hello1095
(Querist) 13 April 2011
This query is : Resolved
Dear Sir/s,
What are the options available if a contempt of court petition is dismissed by the city civil court? The contempt was made by the defendants to an interim order passed by the city civil court.
Kindly let me know how can one approach the High Court?
Also kindly let me know what will be the right thing to do next:
1> A Writ Petition or
B> AO (Appeal from Order)
Kindly provide detailed replies.
Thanking you,
GN
Parveen Kr. Aggarwal
(Expert) 13 April 2011
City Civil Court has no jurisdiction to decide a contempt of court petition.
The petition your are referring to seems to be an application under Order 39, Rule 2-A of the Code of Civil Procedure, 1908 for committing breach of an order passed by the City Civil Court.
Upon dismissal of such an application, appeal can be filed before the District Court.
Naresh Kudal
(Expert) 13 April 2011
If querist asking for Proceeding under O.39 R.2A CPC, appeal will be filed to District judge [not to sessions court]. Otherwise only HC and SC have jurisdiction for contempt of court.
hello1095
(Querist) 14 April 2011
Dear Sir/s,
Thank you for the kind replies.These suggestions have been of immense help to me. Thank you all once again.
