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Suraj (student)     29 April 2010

Contempt and Corrupt

Case:

Ist part: A partition suit was file in the year 2003 by son on his father. In this partition suit 2 more persons were made parties to the suit by the plaintiff. One of the parties was a purchaser of land which belonged to the joint HUF. This court after hearing the case passed an order stating that nobody should alienate the suit schedule property till further orders. This sale was made by the father alone without any legal necessary and without the knowledge of other members of the family.

IInd part:  After notices were issued, the purchaser files a specific performance suit against the father. The son got the knowledge of the same and filed an impleading application before the court to implead them in this suit to hear their case. But the IA was rejected by the court citing reasons as they were not necessary parties and directing them to seek relief in the 2003 case filed. Later decree was made in favour of the purchaser and since the father was placed ex-parte for non-appearance (in fact he had colluded with the purchaser in this case) court on behalf of the judgment debtor proceeded to execute the sale deed in favour of the purchased and got the property registered in his name.

Question:

 

  1. Has the judge committed the offence of Contempt of Court as he has violated the order of the court directing not to alienate the suit schedule property?
  2. If we have reason to believe that the judge is corrupt, where the complaint should be lodged.


Learning

 1 Replies

Daksh (Student)     29 April 2010

Dear Suraj, The answer to both your question has to be in negative for the following reasons. You have not mentioned that the judge/s have conducted themselves improperly. Rather your mail says and suggest that - The son got the knowledge of the same and filed an impleading application before the court to implead them in this suit to hear their case. But the IA was rejected by the court citing reasons as they were not necessary parties and directing them to seek relief in the 2003 case filed. Impliedly in both the eventualities you have failed to exercise the remedy available to go to the superior court in revision, review or appeal against the impugned order. Best Regards Daksh

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