15 May 2019
Sirs, I changed lawyers, consulted number of lawyers and retired judges but could not get proper answer. I am now facing contempt charges under 39 2a vide interlocutory application in a declaration suit instituted by a firm. No reply filed by me /my lawyers. Contempt Application filed by plaintiffs in 2016, came up for hearing in 2018. Court is not disposing off the application, neither any notice issued on me. Nor giving judgement. Contempt Application was filed by plaintiffs after giving pw and all issues proved otherwise for plaintiffs as obvious from witness statement filed by surviving partner. Both sides lawyer remaining absent. I personally went for hearing and judge told me there is contempt application with provisions of punishment against you and come with your lawyer. Against above back drop my query is 1) interlocutory application is not numbered 2) suit is instituted by a unregistered firm of two partners and one partner died( no legal heir named) and current contempt application is signed by only surviving partner and not by both partners as other no more. Disputed contract leading to declaration suit is in the name of the firm and not in the name of the partners. Is suit tenable.