IS APPLICATION IS TIME BARRED

chetan (Querist) 02 April 2011 This query is : Resolved
SIR,
OUR DISPUTED PROPERTY WAS SOLD IN MAY 2009, WITHOUT PERMISSION OF COURT, THERE IS ORDER OF DISTRICT COURT NOT TO SELL THE PROPERTY WITHOUT PERMISSION OF COURT.
NOW, AFTER TWO YEARS WE CAME TO KNOW THAT THE PROPERTY IS ALREADY SOLD, WE THEN SUBMITTED THE APPLICATION OD CONTEMPT IN COURT IN MAR 2011.
THE DEFENDANT REPLIED THAT THE APPLICATION SHOULD BE REJECTED BECAUSE THE APPLICATION IS TIME BARRED.

I WANT TO KNOW WHETHER IT IS TIME BARRED APPLICATION?

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Devajyoti Barman (Expert) 02 April 2011
No, it is not time barred. The time starts counting from the date of knowledge and most importantly it is continuing cause of action.

Advocate Bhartesh goyal (Expert) 02 April 2011
Disobedience of court's order/judgements are continuing offence/cause of action,for which contempt petition may be filed when it comes in notice of petitioner.

Naresh Kudal (Expert) 03 April 2011
The limitation for filing an application of contempt of court is one year, but limitation starts from the date of knowledge. In this application you simply need to prove that you filed this complaint within one year form the date of knowledge.