Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Please seniors tell me the next procedure

(Querist) 29 August 2012 This query is : Resolved 
Sir in civil suit defendant was found guilty of contempt court's interim stay order. Defendant was ordered not to construct house till the next date of hearing. Defendant carried on. It was also admitted by him in the proceeding of contempt.

Now what step the plaintiff has to take. Please tell me and please refer the concerned provisions also.
Shashikant V. Patil (Expert) 30 August 2012
If the defendant has admitted and taken on record by the court. Despite this, if it is unauthorised construction then court can also ordered to demolish it.
valentine thakkar (Expert) 30 August 2012
It is indeed regrettable that the Court Orders are toothless and the offenders do not have any fear to disobey them. Nothing happens in such cases. In our city also there are many such construction in spite of the caveat. Court does nothing and the offenders go Scott free. No fear of even court orders. There are many execution petitions pending action even after after non-bailable warrant. Police is also ineffective. How long one can stretch?
Arvind Singh Chauhan (Querist) 30 August 2012
I have heard that there is punishment - attachment of property of defendant or civil imprisonment for which plaintiff has to deposit expenses. But I don't know the procedure. Plz guide me.
valentine thakkar (Expert) 01 September 2012
The procedure is lengthy and cumbersome. The party has to raise the Execution Petition after dishonour of the court order for payment. Again the whole procedure of 3 notices and then warrants will follow. Then the party will have to furnish details of moveble and immovable properties of the offender. The commissioners will be appointed by the appropriate authority and then auction may take place.
Arvind Singh Chauhan (Querist) 02 September 2012
Thanks a lot Thakkar Sir,
may I know where this procedure is laid.
prabhakar singh (Expert) 02 September 2012
AGREE WITH Shashikant Patil
NEVER WITH valentine thakkar.
V R SHROFF (Expert) 17 November 2013
Apply to struck dn his defence

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Post a Suggestion for LCI Team
Post a Legal Query