Limitation for appeal ag exparte decree

pawan kumar (Querist) 25 May 2012 This query is : Resolved
case is of punjab. rent controller awarded exparte eviction decree. defendet put in first appearance and therafter once for getting ex parte proceedings set aside.now for filing appeal experts advise that limitation period is 30 days from date of order or 30 days from date of defendent knowledge about decree. pl guide how to establish that defendent is in knowledge of orders or not.ifso what is the date of his knowledge.

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ajay sethi (Expert) 25 May 2012
howas defendant served? do you have proof of service?

if you have proof that defendant was duly served and was aware of eviction suit being filed then defendant canot deny that he was not aware of eviction proceedings .

ajay sethi (Expert) 25 May 2012
time period for filing of appeal would be 30 days from date of receipt of certified copy of order . Defendant will make out an application for condonation of delay and if court is satisfied that prima facie case is made out may condone delay

pawan kumar (Querist) 25 May 2012
sethi ji, if defendent prefer not to appeal but prefer to pray in the same court for getting set aside exparte eviction order same limitation period applies or he can be given extended period. pl. also tell what about costs imposed for not filing w/s,and not appearing on varios dates. are these to be deposited before praying to get evictio orders set aside

pawan kumar (Querist) 25 May 2012
in how many days defendent is supposed to apply for certified copy of judgement so asto detrmine 30 days for appeal

pawan kumar (Querist) 25 May 2012
sethi ji thanks for your reply. defendent him self acknoweledged receipt of summons so 30 days will be from date of receipt of certified copy of ordes which will depend further when he applies for certified orders or he is supposed to apply within reasonable period. pl advise