• Contempt of court in civil suit

Please clarify if the following acts of the Petitioner can be termed under contempt of court:

-	Frivolous suit as Petitioner has got no valid proof for the mentioned causes of action to have been done on a specified date that he says led to his filing of the civil suit
-	Petitioner not appearing in court since long being instructed to & his Lawyer is making excuses in every hearing
-	Petitioner causing unnecessary delay by dragging case for no justifiable reasons
-	Petitioner has suppressed important information from the court relating to the suit
-	Petitioner, very well knowing about the time bar limitation of the causes of action, is trying to bypass the stage to prove/disprove it by convincing the court for Commissioner’s visit.
Asked 8 years ago in Civil Law

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6 Answers

The following acts mentioned by you cannot be termed as contempt of court

2) if petitioner is not appearing in court then court can impose costs on the petitioner

3) dragging of case amounts to dilatory tactics and not contempt of court

4) if petitioner has suppressed material facts from the court then he has not come to court with clean hands and would not be entitled to any relief

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1) petitioner can execute registered POA in favour of his family member for sale of property

2) to confer clear and marketable title sale has to be by registered sale deed

3)stamp duty and registration charges has to be paid on regd sale deed

4) sale deed which is not stamped and regd is not admissible in evidence

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

1.If there is no disclosure of cause of action then you can file petition for rejection of plaint under order 7 rule 11 of cpc.

2. Moreover the expedite the suit you can file Revision application in high court whereby the high court would direct for speedy trial.

3.You can oppose the prayer of addition of party.

4. Since you have not disclosed much about the contents of the plaint and your written statement I cannot comment on the merit of the suit.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

Please clarify if the following acts of the Petitioner can be termed under contempt of court:

- Frivolous suit as Petitioner has got no valid proof for the mentioned causes of action to have been done on a specified date that he says led to his filing of the civil suit

- Petitioner not appearing in court since long being instructed to & his Lawyer is making excuses in every hearing

- Petitioner causing unnecessary delay by dragging case for no justifiable reasons

- Petitioner has suppressed important information from the court relating to the suit

- Petitioner, very well knowing about the time bar limitation of the causes of action, is trying to bypass the stage to prove/disprove it by convincing the court for Commissioner’s visit.

The above may not come under contempt of court laws neither the person can be treated as contemn-or.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

If the Petitioner is now trying to get out of this suit by enrolling a new party to this suit in place of the Petitioner, without executing any Registered Sale Deed to evade stamp duty and registration fees, but by executing just a General POA, is there any provision for the Defendant to bring such deceitful actions of the Petitioner in court?

The petitioner can appoint a General power of attorney agent to attend, appear and prosecute the case through the power agent. .

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

1. The frivolity of the suit has to be proved at the trial, but it is not a ground to prosecute the plaintiff for contempt of court.

2. If the suit is barred by limitation then the defendant may apply under order 7 rule 11 to the court to dismiss the suit.

3. None of the circumstances envisaged by you amount to contempt of court even remotely.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

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