Upgrad LLM

contempt of court


Matter was decided exparte.decree is released in 2008.defendant has no information about proceeding.plaintiff(decree holder) filed application under contempt of court.on behalf of defendant what should I do? Expert advice is needed.

Thanks. 

 
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lawyer

If a pronounced judgement is not complied by parties then it is amount  to contempt Court.

 
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Legal Officer.

If the decree passed agaist you is due to your fault then in such case the executing court will issue a warrant agaist you but if  you are at no fault then in such case you can file an writ petition before the respective HC raising the ground of principal of natural justice and if you succeed therein then the HC will remand the matter to the court which has passed an ex-parte decree agaist you giving you the opportunity of hearing.  

 
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