2001 Supreme(Raj) 436
Rajasthan High Court
Honble B.J. SHETHNA, J.
Smt. Mangla Dixit - Appellant
Versus
State of Rajasthan - Respondents
S.B. Civil Contempt Petition No. 200 of 1998
Decided On : April 20, 2001
R. Saluja, for Petitioner
Headnote:Contempt of Court Act; Constitution of India, Art. 215 – Contempt petition under Article 215 against non- compliance of the orders of the Court after expiry of period of limitation – Maintainability – Held – Before filing contempt petition, petitioner filed second writ petition which was dismissed on the ground of res-judicata – Contempt petition lebelled under Article 215 to circumvent the bar of limitation is not maintainable after limitation period.
(2). Before filing of this Contempt Petition, the petitioner filed second writ petition before this Court which was dismissed in 1988 on the ground of res judicata. It is only thereafter this Contempt Petition was filed in 1998 knowing fully well that the period of limitation for filing Contempt Petition under the Contempt of Courts Act has already expired, therefore to circumvent the bar of limitation as provided under the Contempt of Courts Act, this Contempt Petition is labelled under Article 215 of the Constitution of India. No doubt, it is true that the powers under Article 215 of the Constitution are independent of the powers of the Contempt of Courts Act but this Court cannot overlook the fact that the petitioner has not earlier thought it fit to file Contempt Petition well in time under the Contempt of Courts Act and instead preferred to file second writ petition. It was only after the dismissal of the second petition when the petitioner realised that the period of limitation expired under the Contempt of Courts Act, therefore, he has filed this petition under Article 215 of the Constitution. When such objection is raised by the other side, then there is no option for this Court but to accept it.
(3). In view of the above discussion, this Contempt Petition fails and is dismissed.