Appeal for stay against execution of eviction decree
kamal
(Querist) 18 May 2012
This query is : Resolved
trail court has passed exparte eviction orders on grounds of non payment of rent. can appeal for stay ag execution of eviction decree be obtained from distt courts.in how many days from decree date application for stay can be made
Adv.R.P.Chugh
(Expert) 18 May 2012
Dear Querist,
Or.41 R5 – Stay by Appellate Court – states that the mere fact that an appeal has been preferred from a decree would not ipso facto operate as stay on its execution, order if any on stay has to be made distinctly by the appellate court only on being satisfied as to sufficient cause for the same – though the communication of such order is not necessary as affidavit of the party appealing may do in those urgent circumstances.
O.41 R5(2) talks about a situation of stay by the court which passed the decree – it allows the party to make an application for stay – before the time for making an appeal has run out, and the court may order such stay after being satisfied as to the fact that substantial injustice may result to the party applying for stay of execution unless the order is made; and also that the application has been made without unreasonable delay; and that the security has been given by the applicant for the due performance of such decree or order as may be ultimately be binding upon him. In Sub rule (3) it is also provided that a court may make an order to that effect ex parte but only after being satisfied as to conditions of Sub Rule (3).
kamal
(Querist) 18 May 2012
dear shri bharat chugh you have replied in technical language out of which i could not make out anything. pl. explain in simple words
H. S. Thukral
(Expert) 18 May 2012
whether the eviction orders are under rent control act ? If yes then in which state ?
Advocate M.Bhadra
(Expert) 18 May 2012
Ex-parte order can be set aside within 30 days from the date of decree under order 9 rule 13 C. P. C. in the same court where the decree was passed,not necessary to file an appeal.But if the decreed court would not set-aside the ex-parte order then you can file an appeal within 30 days from that time to the Sr, Div. or District Court.
Shonee Kapoor
(Expert) 19 May 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 19 May 2012
No more to add.
kamal
(Querist) 19 May 2012
respected thukralji, orders passed are under rent control act and case pertains to state of punjab.
J K Agrawal
(Expert) 19 May 2012
The case will be regulated by rent control laws of punjab so an advocate of other state generally do not know the laws of Punjab.
The answer given by my friends are as per general laws.
You should seek advice from proper person knowing law of Punjab.
H. S. Thukral
(Expert) 19 May 2012
Normally under rent control laws the tenant is given benefit by an opportunity to deposit the rent arrears to avoid eviction. The order is to be challenged in the Rent Control Tribunal within 30 days.
