Eviction of tenant

pawan kumar (Querist) 14 July 2012 This query is : Resolved
tenant appeared after summons were served but did not file w/s.he moved an application to get aside exparte proceedings which court allowed. subsequently he didnot appear again and after leading plaintiff evidence court passed exparte eviction order on 03/05/2012 allowing tenant to vacatein 2 months which expired on 03/07/2012. tenant didnot vacate.court were closed on 15/06/2012 and now opens on 16/07/2012 can he apply to get order setaside now on opening of court on the basis of exparte judgement in view that 30 days have expired from date of judgement

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ajay sethi (Expert) 14 July 2012
he can always apply but his track record dosent inspire confidence . earlier alo he had failed to appear and exparte order was set aside .

he was fully aware that he has to file his WS , contest the case yet he failed to appear . in such a case why should landlord be penalised .

if at all application is allowed it would be with heavy costs

Guest (Expert) 14 July 2012
Since the judgment has been delivered and you can wait for 2 months for tenant to vacate and you can file E.P. against him. After once exparte order was set aside, even if he files second application, second time it cannot be allowed. He may file C.R.P. before the High Court and try to get stay of E.P. proceedings, but there are remote chances for him.

pawan kumar (Querist) 14 July 2012
dear experts, imay write that court imposed costs for not filing w/s and also for setting aside exparte proceedings which were also not deposited by tenants

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