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sunil (prop)     10 May 2019

Contempt petition u/order 39 rule 2a or order 21 r 32 cpc?

Learned Panelists,

Please suggest - what is the proper way to file application of Contempt of Court:

In a pending Title Suit, ad-interim injunction order has been made Permanent by an order of Ld. Court disposing the application filed under Order 39 Rule 1 & 2 read with section 151 of CPC.

After passing of permanent injunction order, defendants have violated the terms of said permanent injunction order and the said violation is still continuing.

My Question is:

(1) Under which Order / Rule Contempt of Court proceedings should be initiated against the defendants?

Order 39 Rule 2A of CPC or Order 21 Rule 32 of CPC  or any other section of CPC?

(2) Should permanent injunction order be treated as a decree?

Looking forward for your valuable advice.




 1 Replies

Shashi Dhara   11 May 2019

U have to bring to knowledge of court that the parties r violating court orders intentionally.

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