Contempt of court/false affidavit
Querist :
Anonymous
(Querist) 20 November 2011
This query is : Resolved
The defendant executed sale deeds in violation of interim status-quo order thru his P.O.A agent (builder) in favour of the wife of P.O.A holder (builder) and not disclosed about the same to the court. However, the plaintiff came to know about the same and filed contempt petition which is pending since 2008. In the meanwhile on xx.12.xx the defendants were proceeded ex-parte and the plaintiff ex-parte evidence was recorded and the matter was listed for final arguments on xx.3.xx, on same day defendants filed application under order 9 rule 7 thru their counsel along with his affidavit stating that he was ill and could not attend the proceedings and wrongly noted the next D.O.Hearing. The plaintiff came to know that the counsel for the defendants has filed false affidavit as he himself has inspected the file on xx.12.xx and was aware of the next D.O.Hearing and deliberately filed the application after the recording of plaintiff ex-parte evidence. The same was verbally informed to the court. However, court allowed the defendants to withdraw the said application and also gave them liberty to file fresh application. The defendants thru their new counsel filed fresh application under order 9 rule 7 which is pending and no compliant was filed against the previous counsel.
My Questions are:
As the defendants have violated the courts order and played fraud by executing sale deeds can court refuse to hear their application until they purge their contempt?
Whether the second application under order 9 rule 7 is maintainable or not?
Any Judgments which can be helpful in the above case?
Querist :
Anonymous
(Querist) 21 November 2011
Any Judgments which can be helpful in the above case regarding purging of contempt?
Whether the second application under order 9 rule 7 will succeed or get dismissed?
Sailesh Kumar Shah
(Expert) 24 November 2011
1.No need of judgement
2.see previous reply of Mr.Barman.
Querist :
Anonymous
(Querist) 24 November 2011
thank u all for the reply
Querist :
Anonymous
(Querist) 26 November 2011
thank u all for the reply
