Draft of contempt petition | Application for court of contempt Under Order 39 Rule 2-A C.P.C

First of all we learn that What Is Contempt of Court?

Contempt of court is an act of disobedience toward a court court order on behalf of a defendant. Contempt of court can either be civil or criminal in nature. Hereinbelow we will discuss about contempt of court which is civil in nature.

What is the punishment for contempt of court?

According to the Act, contempt of court may be punished with simple imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both, provided that the accused may be discharged or the punishment awarded may be remitted on apology being made to the satisfaction of the court.

Here is the actual format of an application for court of contempt Under Order 39 Rule 2-A C.P.C which was filed before the Hon'ble court in a case of permanent injunction in which the court already passed an order of stay.

IN THE HON’BLE COURT OF CIVIL JUDGE, SR. DIV.

Samay Pal……………. APPLICANT/PLAINTIFF.

VERSUS.

Lal Chand …. RESPONDENT/DEFENDANT/CONTEMNER.

SUIT FOR PERMANENT INJUNCTION

Application Under Order 39 Rule 2-A C.P.C. for initiating
Contempt proceedings against the defendant/contemnor for
violation of the lawful order of this Hon’ble court .

Sir,

The applicant / plaintiff respectfully submits as under: -

1- That the above noted case is pending in this hon’ble court and is fixed for today.

2- That this Hon’ble court was pleased to pass an order dated ________ in the following manner :-

Vakalatnama on behalf of the defendant NO.1 filed W.S. and reply not filed by the defendants. Adjournment sought. Heard. Adjourned to _________ for filing of W.S, and reply by the defendants. Till then the defendants as well as the plaintiff are directed to maintain status quo qua construction over the suit property

3- That on ________ the defendant/respondent No.1 was personally present before this Hon’ble court and the said order was passed in the presence of the defendants No.1 to 4. The plaintiff had produced the photographs of the suit property which are already on the case file as Annexure P-2 to P-5.

4- That on _____________ in the night hours the defendant No.1/respondent /contemner alongwith some musclemen forcibly started raising constructions over the suit property and fixed the Iron Gate forcibly and illegally and thus violated the lawful order of this Hon’ble court intentionally and deliberately. The defendant No.1/respondent /contemner and their musclemen did not allow the applicant/plaintiff and his family members to go outside his house. The photograph of the said constructed property is enclosed herewith as Annexure P-6.

5- That the applicant/plaintiff went to the concerned police station and requested the police to take action against the respondent /contemner but the police did not lodge any case and refused to take action against the defendant Noi.1/respondent

6- That even after stay order dated __________ passed by this hon’ble court to maintain status quo with regard to the suit property the respondent/defendant has disobeyed the orders passed by this hon’ble court. Thus the respondent/defendant No.1 has committed an offence punishable under the provisions of Contempt Under order 39 Rule 2-A C.P.C. for which he is liable to be prosecuted as per the provisions of law.

7- That the application is within time.

PRAYER:

It is therefore, prayed that the defendant/respondent /contemner may kindly be summoned, prosecuted and punished as per the provisions of contempt of Court proceedings in the interest of justice.

Plaintiff/Applicant.

Through counsel:

(Affidavit in support of application)

IN THE HON’BLE COURT OF CIVIL JUDGE, SR. DIV.

Samay Pal VERSUS. Lal Chand

Affidavit

I, Samay Pal ……………………, do hereby solemnly affirm and declare as under :-

1- That the deponent has filed the above noted application before this hon’ble court, the contents are not being reproduced for the sake of brevity and the contents of the application be read as part and parcel of this affidavit. DPONENT

VERIFICATION :Verified that the contents of my above-affidavit are true to best of my knowledge and belief and nothing has been concealed therein. Verified at DEPONENT