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Srinivas (Director)     04 August 2012

What stage of suit to file contempt petition

Dear LCI Gurus,

We are dealing with a litigant who keeps filing frivolous lawsuits. The litigant keeps making false and contradictory statements in subsequent filings. It is easy to prove via documentary evidence that litigant is filing false affidavits with maligned intent.

At what stage of a suit should we initiate any type of criminal proceedings (false affidavits, contempt of court, etc).

Should criminal case be filed separate from the civil case?

I am being advised by my advocate that we can move such contemp petition only after judgment is civil case. Is this correct?

Since issue of contemp is not framed, does this mean evidence should be lead to prove contempt. 

What is the best way to stop litigants?

Thank you in anticipation for clear guidance.

best wishes,

 

Srinivas



Learning

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