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TANMOY (director)     18 July 2010

contempt where to file?

Civil Judge ( Jr. Div ) passed an order of injunction in favour of the tenant U/0 Rule 1 & 2 after hearing both parties but thereafter the landlord dispossessed the tenant forcefully. The tenant filed application under 151 CPC before the civil judege ( jr Div ) seeking police protection and Ld Civil Judge ( Jr. Div ) was pleased to direct the inspector-in-charge of Local Police Station to restore back the tenant in possession of the suit schedule property. But despite several representations before the police, Inspector-in-charge refused to co-operate and did not render his assistance to restore the tenant back in possession.

What is the remedy?

Should the tenant file a petition U/O 39 Rule-2A before the same court or should he file a petition under Contempt of Court Act?

If possible, provide me citations wherein Civil Judge can punish police officers under Order-39 rule-2a for the violation of an order passed under section 151 cpc.


 4 Replies

Legal Fighter (Advocate)     18 July 2010

file contempt of court.

Devajyoti Barman (Advocate)     18 July 2010

There sre many decisions in this regard for the facts of this case needs to be known.

You may either file Misc Case under order 39 rule 2a in the same court or file petition in the high court under contempt of courts act.

Amit Gupta (Advocate)     19 July 2010

contemp under order 39 r 2 A is only can b filed against the land lord because he defied the order of status quo. bt if u want to take action against police thn u have to move contempt petetion under cotempt of court, in the Civil judge itself.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     04 August 2010

There are various methods to file contempt. It is just pressure tactic.

Pl go through the contempt of court act 1971 also , and if you can fit in your pleadings as per its provsions it will be better.

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