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Manish (BCE)     06 October 2013

Regarding re-permission for filing the leave to defend

An eviction petition was filed u/s 14(1)(b) of DRC Act,1958 before the Hon'ble District Court wherein the respondent no. 1 & 2 are served by the way of publication and Respondent No. 3 was served in person. And Respondent No. 3 missed to file their leave to defend within the stipulated time. Is any provision to get the re-permission for filing the leave to defend in the said case? And also there is any citations related to the same are available?? So, please reply me with the procedure with proper provisions of civil law if possible and also provide me the citations for the same??

Thanks..



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     07 October 2013

The third respondent, on the grounds of  not heard, may file a petition to allow him conduct his case on merits on the basis of natural justice, if there is a delay in approaching the court for this purpose, he may even file a petition to condone the delay.

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