Can I proceed with criminal contempt of court for misleading the Court on an IA (suit is pending)
Query
1. I am running a civil suit for cancellation of a sale deed ; the sale deed was executed by me due to death threats ; it was done without monetary consideration. Parallel criminal case is progressing.
2. 2 year back, I moved an IA on attachment before judgment, since the defendants, owe me money also. Recovery relief is also there in the suit; the defendants are trying to flee justice, sold the property to a 3rd party, who was impleaded. Injunction order is also passed. the defendants filed their counters, 3 months later. the IA is heard last week.
my advocate , could not point out the false statements in the counters, due to short time given for hearing.
3. Now in their counters, to my IA, the defendants, have put up 100 % false statements, fabricated information, only to mislead the Court, so that, the misled court, may pass misinformed order on my IA, or reject my IA.
4. I want to move a criminal contempt of court application , in the same court, on the Counter of the Defendants on my IA.
5. Some advocates say, I have to wait till the suit is decreed ( may take another 5 years ); some advocates say, I have to press criminal contempt of court on IA , now itself, before the court pronounces its order on my IA. Some say one year is the limitation, since , a year has elapsed after their counter was put, ; limitation over they say.
6. Expert opinion needed please ?
7. Whether , I can file an application on criminal contempt reference, now, on their Counter matter,t since the false statements pertain to this IA, current. when the suit is still continuing ?
8. What section of the Contempt of Court Act ?
Asked 4 years ago in Civil Law