Time barred contempt
MahendraKumar.H.Trivedi
(Querist) 13 February 2018
This query is : Resolved
In a suit I am defendant and plaintiffs filed contempt application for a contempt committed prior to suit and after 6 years,
( two years after suit came on board) defense lawyer did not respond. Can Court initiate contempt proceeding for contempt committed six to eight years ago just because no defense reply filed.
Dr J C Vashista
(Expert) 15 February 2018
Do not depend upon FREE service of experts on this platform since incomplete information can not lead to analyse, consider and form an opinion.
Discuss with your lawyer who is well aware about the facts of case and contesting your case since initiation of case, competent and intelligent enough to advise you.
MahendraKumar.H.Trivedi
(Querist) 15 February 2018
Shri Vashistha Sir,
If it were so easy I would not have raised the query. Despite being affordable and hiring a good lawyer who has turned his back at the eleventh hour on frivolous grounds despite my offer for higher fees. He has now of late agreed to give the file and NOC but dates are moving fast(urgent hearing) since case is old and far off from my station. I am in real fix. It appears I am being harassed in a highly defendable suit to coerce into out of court settlement where as case appears to be not tenable.
I repeat my query can Court hold the contemner guilty of contempt for a time barred contempt(eight years since committed) if reply to plaintiffs application under 39 rule 2 filed before court since Dec 2015 is not filed by defense lawyer. . Contempt committed in 2009." Contempt for sure is not continuous wrong.
Anyway thanks xperts.
Regards