Is there any case law
Arvind Singh Chauhan
(Querist) 09 April 2012
This query is : Resolved
Respected members,
Is there any case law that main civil suit and miscellaneous contempt proceeding related to original suit, should be heard or disposed together.
In my matter court is adment to decide contempt proceeding first.
Plz Plz.
Nadeem Qureshi
(Expert) 09 April 2012
Dear Arvind
as per my opinion if any contempt procedding or application file before the court in civil suit, the court firstly hear on contampt after that on main suit.
wait and watch may be some other Ld. friend give you the case law
Raj Kumar Makkad
(Expert) 09 April 2012
# Nadeem! The proceeding of the civil contempt of court arising out of a suit is run separately.
#Arvind
If you are a plaintiff then it is in your interest to get first decided the contempt of court petition which shall definitely boost the morale of the plaintiff and shall also be beneficial for you while dealing with the main suit.
There is no such mandatory law which may bind the court to decide both proceeding simultaneously. The view of various high courts in contradictory on this matter.
N.K.Assumi
(Expert) 10 April 2012
If the contempt amounts to criminal contempt should the criminal contempt and civil suit be heard together? I am of the view that contempt should be heard first and after punishing the contemnor the court should take up the civil suit, as the two laws are of different branches.But for smooth proceedings of the court the contempt should be heard first.
Arvind Singh Chauhan
(Querist) 10 April 2012
Thanks a lot Sir I am the defendant. In main suit the commission report is wanted on request of plaintiff, which can not be completed due to intentionally delayed process now, because now plaintiff is afraid of it. Plaintiff cleverly delaying the commission process now.
I am confirm that report of commissioner will show the picture in black & white. At spot, There is no contempt. But oral evidence is against defendant.
I am requesting to court to wait up to commissioner's report. But court is not accepting.
