The Single Judge in this contempt application found that the delay in deciding the underlying civil case was due to absence of parties/counsel or failure to effect service, not disobedience. The application was dismissed.
The contempt application was dismissed with finding of no disobedience.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 428 of 2022
Applicant :- Shakir Dad Khan Opposite Party :- Davendra Kumar, Presently Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- Sudhir Mehrotra
Hon'ble Salil Kumar Rai,J.
Perused the report of Civil Judge (Junior Division), Nagina, Bijnor.
Learned counsel Sri Chandan Kumar appears for the opposite party and has handed over a copy of the report submitted by Civil Judge (Junior Division), Nagina, Bijnor. The report gives the reason why the case has not been decided within the time fixed by the Writ Court in its order dated 17.02.2021.
A perusal of the report submitted by the Civil Judge (Junior Division) reveals that the case could not be taken up on different dates fixed in the case i.e. 13.07.2021, 08.09.2021, 10.11.2021 and 26.11.2021 either because the parties or their counsel were not present when the case was called out for hearing or because of the failure of the complainant to take steps for service on respondents as directed by order dated 13.07.2021 of the court below.
In the circumstances, there is no disobedience of the order of the Writ Court.
The contempt application is dismissed.
Order Date :- 15.3.2022 Madhurima
Digitally signed by MADHURIMA GARG Date: 2022.03.16 14:30:29 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether there was disobedience of the Writ Court order given the delays in hearing due to absence of parties or counsel.
Whether the delay in deciding the underlying case constitutes contempt of court.
Shakir Dad Khan
Salil Kumar Rai
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
