Rent law
hafsa
(Querist) 04 October 2011
This query is : Resolved
Please clarify me on a point/statement below."If any misc application is pending before any court then court should first decide that application then move to the main case"
In my case i was on adjournment in one of my rent case and rent controller on last date of my adjournment take up my case allow my learned brother to cross examine applicant and close my side over ride DISMISSAL OF EJECTMENT APPLICATION filed by me on behalf of respondent which was pending from 3 month.
ajay sethi
(Expert) 04 October 2011
generally if any interim applications / notice of motion /chamber summons are pending they are disposed of then main suit/petition are heard .
has the rent controller passed any order that your ejectment application will be heard with the main case ?
hafsa
(Querist) 04 October 2011
No such order is passed by the rent controller.i filed application for "Dismissal of Ejectment Application"
on various grounds which was pending.In a court diary it is mention that case is adjourn for hearing on an application filed by opponent(ie by me ,i am on behalf of opponent) as well as cross examination of applicant.In which manner court allow to lead evidence,
what will u suggest me,i hope i clarify situation.My concern is that i want to file affidavit in evidence n conduct cross of applicant but firstly court should decide that whether APPLICATION FOR EJECTMENT which is filed by applicant is correctly filed because i objected its maintanability.
Raj Kumar Makkad
(Expert) 04 October 2011
All objections are now heard with main petition as per recent ruling of apex Court so concentrate on your evidence rather on preliminary objections. If petition is not maintainable, you shall its benefit at later stage. The approach of judiciary has changed now.
R.Ramachandran
(Expert) 05 October 2011
I agree with the views of Mr. Makkad.
prabhakar singh
(Expert) 05 October 2011
WE DO THINGS ,EXPERIENCE THE RESULT AND THEN CHANGE SO DOES JUDICIARY AS IT IS ALSO FORMED BY US FOR US.CHANGES ARE ON GOING PROCESS IN ANY NORTH MOVING SOCIETY OR NATION,IN FIRST 25 YEARS WE WERE TOO TECHNICAL TO APPLY LAW TO A CAUSE FROM WHICH WE HAVE GRADUALLY LEANED TOWARDS EQUITY TO FORM IT AS BASE OF JUSTICE.
