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RAHUL KHATRI (SELF)     18 July 2013

Does this constitute criminal contempt of court??

Hi,


A civil suit was filed for recovery of amount payable and a decree was passed against the Defendant.

The defendant delayed the said trial using various tactics and appeals and finally a settlement was reached in front of Session Judge U/o 23 read with sec 151 CPC. the Defendant was physically present in the court and signed the documents.

The defendant had agreed to pay the amount arrived at settlement in Installments and the same was recorded in the judgement.

Later the Defendant stopped paying the installments and filed a police complaint against the Decree Holder and his own advocates stating that he was coerced into entering the settlement and consequently the settlement was no longer binding on him.

Is this punishable as Criminal Contempt of Court??
what other recourse does the decree holder has against the defendant??

regards


Rahul



Learning

 1 Replies

Divya (nil)     22 July 2013

yes ideally its criminal contempt, but once u file that petition then its a matter between the judge & the contemnor


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