Eviction of tenant

pawan kumar (Querist) 02 April 2012 This query is : Resolved
IN SUIT FILED FOR TENANT EVICTION FOR NON PAYMENT OF RENT DEFENDENT DID NOT FILE W/S NOR APPEARED CASE POSTED FOR EXPARTE EVIDENCE HE MOVED AN APPLICATION TO SET ASIDE EXPARTE .EVIDENCE. COURT AGREED TO HIS REQUEST AND POSTED CASE FOR RENT ASSESSMENT. ON DATE OF ASSESSMENT DEFENDENT DID NOT APPEAR AGAIN. COURT POSTED THE CASE TO EXPARTE EVIDENCE AGAIN. HOW MANY TIMES COURT CAN PERMIT SETTING ASIDE OF EXPARTE PROCEEDINGS.WHY COURT IS NOT PASSING ORDERS FOR PAYMENT OF ARREARS AND TIMEAND AGAIN REVERTING TO EXPARTE PROCEEDINGS.

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Nadeem Qureshi (Expert) 02 April 2012
Dear pawan
it is discrition of the court, if you have some problem then approach the court and pray to get an ex-party order against defendant.
or you can file a writ petition before HC for early hearing.
feel free to call

Rasik Dagli (Expert) 03 April 2012
As it happened second time , the may reject the application .But court has desecration to grant or reject the application.
RASIK DFAGLI
Advocate.

M V Gupta (Expert) 04 April 2012
This is repetition of the query posted by you above. In case the court is inclined to set aside the exparte order demand for heavy costs. Also resist the application by stating that the defendant is trying to delay the proceedings with ulterior motive.

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