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Rent act

(Querist) 24 July 2014 This query is : Resolved 
Lakhwinder Singh filed a eviction petition under East Punjab Urban Rent Restriction Act against Sukhdev Singh. After filing of Written Statement, Sukhdev Singh proceded against exparte in the year 05.12.2011 so exparte eviction order was passed on 02.01.2012. Lakhwinder Singh filed execution application and Sukhdev Singh filed application under order 9 rule 13 CPC on the ground that he was in hospital so could not attend the court on 11.09.2012. In that application court framed issues but Sukhdev Singh could not lead evidence except his evidence so the evidence of Sukhdev Singh closed by order and then the application under order 9 rule 13 dismissed. On the other hand, the executing court has passed the order for warrant of attachment. I am from the side of Sukhdev Singh. What should i do? i have filed appeal against the order passed by trial court on order 9 rule 13.
Raj Kumar Makkad (Expert) 24 July 2014
You should also move an application in the appeal seeking stay against the proceeding of executing court till the disposal of the appeal on merits.
malipeddi jaggarao (Expert) 25 July 2014
Agreed with Shri Raj kumar ji Makkad.
V R SHROFF (Expert) 25 July 2014
Agreed with Shri Raj kumar ji
Rajendra K Goyal (Expert) 25 July 2014
Agree with the expert raj kumar makkad ji.
ajay sethi (Expert) 25 July 2014
agree with Mr makkad
Adv B.B.Gambhir #9814820602 (Querist) 26 July 2014
thanx to all experts
Raj Kumar Makkad (Expert) 26 July 2014
You are most welcome.
T. Kalaiselvan, Advocate (Expert) 27 July 2014
As properly advised, you have prefer appeal against the orders of the execution petition and a revision on the orders dismissing the petition to set aside the decree in the said IA, get an interim stay for the time being and then follow it up accordingly.


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