Civil Procedure Code, 1908, Order 39 Rule 2A r/w Order 21 Rule 32

Civil Procedure Code, 1908—Order 39 Rule 2A r/w Order 21 Rule 32—Non-compliance of the terms of the decree passed in the civil suit—Whether contempt proceedings under Contempt of Courts Act, 1971 can be initiated, in essence, as a mode of executing the decree?—Held, no—In case there is a grievance of non-compliance of the terms of the decree passed in the civil suit, the remedy available to the aggrieved person is to approach the execution court under Order XXI Rule 32 CPC which provides for elaborate proceedings in which the parties can adduce their evidence and can examine and cross-examine the witnesses as opposed to the proceedings in contempt which are summary in nature—Application under Order XXXIX Rule 2A CPC is not maintainable once the suit stood decreed—Law does not permit to skip the remedies available under Order XXI Rule 32 CPC and resort to the contempt proceedings for the reason that the court has to exercise its discretion under the Act 1971 when an effective and alternative remedy is not available to the person concerned—Thus, when the matter relates to the infringement of a decree or decretal order embodies rights, as between the parties, it is not expedient to invoke and exercise contempt jurisdiction, in essence, as a mode of executing the decree or merely because other remedies may take time or are more circumlocutory in character.


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