Cpc

Arvind Singh Chauhan (Querist) 07 November 2012 This query is : Resolved
Sir,
as being a novice in the matter of order 39 rule 2 a, i could not file order of court in contempt file, because till the disposal of main suit,both matters were running conquerrently.
Now main file has been decided and gone to record room.
Now the matter is for judgment on 18 nov. In arguement defence counsel raise the question that order of TI is not in file. I argued it is the matter of judicial notice, contempt is of court and not mine, i am only informant.

Sir contempt is well proved through evidence , op has admitted it.
Now guide me plz. What should i do, whether i can file order before judgment with a prayer of file put up, in which provision?

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Ravikant Soni (Expert) 07 November 2012
like any other criminal case you have to prove the contempt beyond doubt.
You must had filed the TI order and get it exhibited. This lacuna is hazardous for your case.

Arvind Singh Chauhan (Querist) 11 November 2012
Thanks Sir. In which provision I can file it now ?

prabhakar singh (Expert) 11 November 2012
Take help of section 151 of C.P.C to seek time to file the order.

Arvind Singh Chauhan (Querist) 13 November 2012
Thanks Prabhakar Sir.

V R SHROFF (Expert) 13 November 2012
Inherent power of Court to meet the end of justice u/s 151 CPC

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