In 2013, I had filed an eviction suit against my tenant for failure to vacate my property and the matter is in it's final arguments. Recently, the tenant had agreed to a compromise petition and the terms were that he would peacefully vacate my property by March' 2017. However, he never turned up in court to sign the petition. His lawyer now asks my lawyer to complete the final arguments and that he will not turn up to finish his final arguments. He also states that he will not appeal the verdict (in case it's unfavourable to his client). My questions is A) what is the time period to appeal against a lower court (district court) order B) Is there a possibility that the tenant can change his lawyer to file an appeal C) Is there any further remedy for the tenant if he fails to appeal in the stipulated time. Your responses would be highly appreciated.
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1)time limit to file appeal against lower court order would be as per provisions of rent act prevalent in your state .it should not be more than 3 months
2) tenant can engage another lawyer for filing appeal
3) tenant can apply for condonoation of delay in filing appeal .
Ajay- Thanks for the reply. As a follow up, I am a bit confused now- If the defendant's judge does not present his final arguments, will the judge pass an ex parte order? My lawyer says that Eviction Order and Delivery Order will be passed in about 1 month as the defendant lawyer will refuse to argue in both cases. Is that possible? Normally, at the stage of final hearings, can the defendant change the lawyer and further delay the case. Once, an eviction order is passed, what is the due process of evicting the tenant? Would appreciate yours and other learned lawyers reply to this- Prashant
1) court would adjourn case if defendant lawyer dies not attend court for arguments
2) if he does not attend for 3 consecutive dates court would pass orders
3) defendant can change lawyer for arguments
4) you can take out execution proceedings for eviction of tenant
Aparty can change lawyer at any point if time .
On the date of final argument if one counsel is not properly prepared he can always seek time.
Generally at argument stage the court gives time to lawyers of both parties and one/two dates failure to argue does not warrant ex parte hearing of the case.
For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963.
For appeal, in case of a decree passed by lower court in civil suit, the limitation is :
Appeal to High Court - 90 days from the date of decree Or order.
Appeal to any other court - 30 days from the date of Decree or order.
Merely because an appeal is filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.
In case of execution of decree, the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.
The court may require the appellant to deposit some sort of security.
The appellate court may, on the day fixed for hearing the appellant dismiss the appeal, or issue notice to the opposite party to appear on next day.
What he will do cannot be predicted but he has a right to prefer an appeal.
If his lawyer abstains from presenting the final argument then there is no use to prefer an appeal without the matter being highlighted in the trial court.
The defendant can change his lawyer even at the stage of final argument.
Once a judgment is delivered after expiration of appeal period, the decree holder can file an execution petition to execute the decree.
If need be he can even take the police assistance for vacating the defendant from the suit property.
The further procedures that has to be followed in this regard will be explained by your lawyer.