I filed the Civil Suit along with application under Order 39 rule 1& 2 read with section 151 CPC and after hearing counsel both the parties the Hon’ble Court passed the Interim Order in my favour. Thereafter the Defendant did various illegal acts and disobeys the Interim Order, so I filed the Contempt Petition under Order 39 Rule 2A read with section 151 CPC and the Provisions of Contempt of Court Act. Thereafter in the main suit Defendant gives the statement that “they neither disobey the interim order nor will disobey the interim order and it is without prejudice to the rights to contest the contempt petition pending before this court”. So I also give my statement that “without prejudice to my rights and in views of the statement made by defendant, I be allowed to withdraw the present suit” AND the Hon’ble Trial Court passed the order as follows “In view of the statements made by both the parties, the present suit is hereby dismissed as withdrawn”
Now in the Contempt Petition proceedings, the Hon’ble Court dismissed my Contempt Petition mainly on the ground that as the main suit is already dismissed so the contempt petition is now not maintainable.
You are requested to please HELP and provide the information:
1. Let me know the legal status on this and I also request you to please provide the detail of any Apex Court Judgment/s in this regards which goes in my favour so that it can be helpful for me in appeal.
2. If the act of the defendant comes under the ambit of the civil and well as criminal contempt, can the same will be adjudicated under the Contempt Petition under Order 39 Rule 2A read with section 151 CPC and the Provisions of Contempt of Court Act?, if yes, please provide the detail of any Apex Court Judgment/s in this regards.
Very Thanks In Advance.
