Inj. Ord. passed in H/c-Ccp,filed.Suit transf. to Distt.Court-later on ccp also.Maintainable in Distt. court-?

Question

Civil Suit for declaration filed in Hon`ble High court of Delhi.Injunction order passed. Disobeyed-Contempt filed. Main suit transferred to District Court-Delhi-on valuation ground. Later on Ccp also transferred to Distt. Court-for trial. Separate trial held. Suit Dismissed in 2004 but Trial of Ccp was going on. Now the court held that since the main suit is already dismissed then Ccp is not maintanable. No appeal filed as the main suit dismissed under 32 of Arb. Act.1940. Now pl. suggest that what to do otherwise property in question could not be re-stored.
Regards,
Rajan Sharma.

Answer 1

From what you have said, it appears that you could still file an Appeal from Order in the High Court against the Distt. Courts order dismissing the Contempt Petition, along with Application for condonation of Delay. If you can satisfy the court on two counts: that the delay in filing AO is not malafide,
that your case is worthy of disposal on merit, then usually the delay would be condoned.

Good Supreme Court judgments for condonation of delay are:
M Balakrishnan vs N Krishnamurthy Judgment dt. 3.9.1998 (dont have the citation to hand)
An earlier one (Katiji - sorry dont have the citation to hand)
and very recent one:
Ram Nath Sao alias Ram Nath Sahu and others v. Goverdhan Sao & others, (AIR 2002 SC 1201)

Answer 2

This matter was pending in the High court of Delhi & then transferred to the District court where the main suit for declaration got dismissed; even Ccp was held not maintainable. No appeal filed against the district court order. During all these proceedings some lawyer/advocate must be handling the case. Why he did not suggest going in for appeal in time & telling the time limitations for going in appeal? Under section 5 of the Limitation Act, 1963, if the time limitation has passed but you have sufficient cause in satisfaction of the court you can get the time limitation extended. Check this out with the lawyer.

Answer 3

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