Please advice in an eviction case

Querist : Anonymous (Querist) 25 August 2011 This query is : Resolved
I had failed to file leave to defend in a case and basis that lower court passed an eviction order against me.
Accordingly I filed a Revision petition in Delhi High Court.but same has been dismissed.
Executions poceedings have been done and petitioners have got the posession of the propperty.

I am confident enough that given a chance I can prove that the petitioners have no relationship with the property.
Can I still fight, what is the way out. Please advice

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Devajyoti Barman (Expert) 25 August 2011
Challenge the order of the High Court before the Supreme Court.
If you could establish that your failure to contest the case was not wilful or negligent then you may get another chance to defend the case.

M/s. Y-not legal services (Expert) 26 August 2011
Even you can challenge the revision petition's order before the same high court by filing a review petition..

M/s. Y-not legal services (Expert) 26 August 2011
If the review petition allowed mean earlier revision's order will be set aside. Subsequently you can file a petition for recovery of possession.

M/s. Y-not legal services (Expert) 26 August 2011
If you feel any documents will be favour for you which is you failed to produce before the trial court mean just now you can produce as additional evidence. You can invoke the orde 41 rule 27 r/w section 151 cpc.

Kiran Kumar (Expert) 26 August 2011
The question will be Review on what basis?

the Review Petition will be listed before the same bench, if the matter has already been decided on merits a further dismissal in Review Petition will invite more trouble in Supreme Court.

it will be better to move SC instead.

Advocate Bhartesh goyal (Expert) 26 August 2011
I do agree with Mr Kiran.

Guest (Expert) 26 August 2011
file it in supreme court by SLP if you got success you can restore possession by restitution

DEFENSE ADVOCATE.-firmaction@g (Expert) 26 August 2011
In property matters possession is nine points out of ten , now you have lost possession difficult.

prabhakar singh (Expert) 26 August 2011
True remedy ,if any,to be chosen is SLP in SC
but simultaneously you do need to reassess your rights in lights of observations commented by Expert : JSDN

M V Gupta (Expert) 29 August 2011
I do not think any useful purpose will be served by filing the SLP in the SC. Your failure to defend the case in the lower court is a majer obsticle in ur way.

Guest (Expert) 08 September 2011
(1) You may appeal against the impugned judgment only when the lower court failed to take note of your averments in the pleadings or during the trial. But in your case, you say that the petitioners have no title to the property. If it is a new fact, then you cannot raise it for the first time before the appellate court, because the appellate court cannot assume jurisdiction of the trial court.
(2) Further only relatives or those who have real claim, interest or title over the property alone can have locus standi to fight it out legally and not yourself.

Please advice in an eviction case

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