Published on: November 12, 2023 at 00:28 IST
Court: Supreme Court of India
Citation: Kanwar Singh Saini V. High Court of Delhi (2012)
Honourable Supreme Court of India has held that where there is a final order, the remedy lies in execution and not in an action for contempt. It specifically submitted that the contempt jurisdiction cannot be invoked for enforcement of Decree passed by the Civil Courts.
19. In Food Corporation of India v. Sukh Deo Prasad, this Court held that the power exercised by a court under Order 39 Rule 2-A is punitive in nature, akin to the power to punish for civil contempt under the 1971 Act. Therefore, such powers should be exercised with great caution and responsibility. Unless there has been an order under Order 39 Rule 1 or 2 CPC in a case, the question of entertaining an application under Order 39 Rule 2-A does not arise. In case there is a final order, the remedy lies in execution and not in an action for contempt or disobedience or breach under Order 39 Rule 2-A. The contempt jurisdiction cannot be used for enforcement of decree passed in a civil suit.
Drafted By Abhijit Mishra