Mohd. Khalid Hasan vs Prabhat Kumar Yadav, Additional ...
2013 Latest Caselaw 5616 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4117 of 2013
 

 
Applicant :- Mohd. Khalid Hasan
 
Opposite Party :- Prabhat Kumar Yadav, Additional Civil Judge,Vi, Jaunpur
 
Counsel for Applicant :- Satish Kumar Singh
 

 
Hon'ble Krishna Murari, J.

This application under Section 12 of the Contempt of Courts has been filed alleging willful disobedience of the order dated  19.05.2011 passed  by this Court on Writ Petition (Matters under Article 227) No. 1214 of 2011 whereby the opposite party was directed to decide the suit expeditiously, preferably, within a period of one year from the date of production of a certified copy of order.

Admittedly certified copy of the order was brought on record of the case on  23.08.2011.

Limitation prescribed according to Section 20 of the Contempt of Courts Act is one year from the date on which the contempt is alleged to have been committed. Apparently, cause of action arose to the applicant after expiry of one year from the date of service of order.

In view of the above, the application filed beyond the prescribed period of one year is time barred.

Stamp Reporter has  reported delay of 36 days in filing the application. The contempt application being barred by time stands dismissed.

Order Date :- 9.9.2013

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