Back
SUDESH BANSAL
Santosh Kumar – Appellant
Versus
Shakuntala Singh – Respondent
| Table of Content |
|---|
| 1. overview of previous rulings and applications. (Para 2 , 4 , 5) |
| 2. contempt petition to be decided on merits. (Para 6 , 7) |
| 3. application under order 39, rule 2a cpc is maintainable. (Para 8) |
| 4. revision petition lacks merit. (Para 9) |
| 5. final orders and directions issued. (Para 10 , 11 , 12 , 13 , 14) |
ORDER :
Sudesh Bansal, J. - Heard learned senior counsel for petitioner and perused the record.
2. S.B. Civil Revision Petition No.133/2017 was dismissed by this Court vide Order dated 15.09.2022, taking note of the fact that original contempt petition pending before the trial court was abated. An application No.172/2022 has been filed stating inter alia that as a matter of fact the original contempt petition was abated in respect of S.B. Civil Revision Petition No.56/2017 and therefore, by recalling order dated 15.09.2022, revision Petition No.56/2017 titled Santosh Kumar Sharma v. Bhagwati Singh be dismissed as withdrawn and the S.B. Civil Revision Petition No.133/2017 be decided on merits.
3. Taking into consideration the contentions made hereinabove, with the consent of counsel for petitioner & without recalling the order dated 15.09.2022, the revision petition No.133/
A tribunal cannot vacate an interim order in contempt jurisdiction that was granted in an original application without proper procedure.
The court established that contempt proceedings can be adjudicated independently of the main suit, ensuring that violations of interim orders are addressed appropriately.
Contempt jurisdiction should be reserved for matters that bring the administration of justice into contempt or unduly weaken it, and parties should not skip over effective alternative remedies and re....
Importance of complying with court orders and limited role of the appellate court in interfering with the impugned order.
Once a suit is dismissed, any interim order merges into the final order, rendering applications under Order 39 Rule 2-A non-maintainable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
