Breach of injuction
MahendraKumar.H.Trivedi
(Querist) 16 January 2018
This query is : Resolved
Sir this is repeated query under different circumstances. During a plot suit filed in 2005,my lawyer did not inform me of stay obtained in 2006. I sold the plot in, 2008.
In 2013 c/s came on board and was informed of breach. After some altercation I continued with lawyer but again in 2015 lawyer started bullying me. When I asked for copy of stay he did not oblige. I am far away from suit court. When defense started lawyer stopped cooperating. I personally went to court and found that stay was obtained. Plaintiffs applied for contempt matter to court in Dec 2016.
Can I get benefit of limitation act. ( act committed in 2008.,) Further firm is unregistered partnership firm. Petitioner is a firm. One of the two partners is dead. Can affidavit filed by partner and not firm be held valid. Sorry for repetition but as now stage has changed.
Thanks and regards for answering so far.
P. Venu
(Expert) 17 January 2018
The facts posted lacks clarity. Please post simple facts.
MahendraKumar.H.Trivedi
(Querist) 19 January 2018
Sirs,
After death of my poa unaware of injuction granted in 2006, I sold the suit plot to possessor in 2009.suit is for title only, plaintiffs in plain have clealy mentioned that they have possession but actual possession was with 3rd party to whom I sold plot in 2009. Case came on board in 2013. in Dec 2015 plaintiffs have filed contempt application in the same court for breach of status quo. Plaintiffs / petitioners is unregistered firm.
My query is I" is not contempt application barred by time limit as I had sold the plot in 2009 where as contempt application filed in 2015.
