Hello All, I have filed eviction and recovery (for arrears of rent) suit against my tenant.He hasn't appeared for single court hearing and it seems like he has no intention to attend it. I have asked my lawyer to push for ex parte decree but he says we have to file petition of evidence first. 1. What is Petition of evidence ? 2. If I attend court hearing without my lawyer and asked for ex parte decree. Will judge entertain my request. 3. what are my other options ? Tenant has not paid rent since May 2014 and rent agreement expired on Sept 2013. My case comes in Delhi Jurisdication and it doesn't fall in Delhi Rent Control Act
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
1) it is affidavit of evidence which would be drafted by your lawyer as per your instructions wherein complete details of your case have to be stated on oath
2) once you have engaged a lawyer only he can appear in your behalf
3) better continue with your lawyer
1. Your lawyer is absolutely right. While you may be in a hurry to see the proceedings culminating ex party the process established under the law cannot be circumvented.
2. Since it is a proceeding for eviction the court has to take your testimony on record and then decide the case.
3. Your request will not be entertained if you attend without your lawyer.
4. You have no option except to comply with the law.
1) Evidence by way of affidavit, is known as Petition of evidence, even if the other party, defendant does not appear, the court will have to record your evidence in the case and then proceed to hear arguments and thereafter grant the relief you are seeking.
2) It would not be wise to appear in person before the court if you have engaged the services of an advocate, take a NOC from your advocate and then appear in person and seek for the ex-parte decree, but in any case the court will first have to follow the above stated procedure as per law.
3) You're best option is to follow the procedure laid out before you, do not look for short cuts, this will give the other side an opportunity to prefer an appeal on those grounds.
1. It means you have to file statement of your evidence on affidavit. This is done when the suit is fixed for evidence.
2. Without filing the petition of evidence no decree of eviction would be granted.
3. So listen to your lawyer and do what he is saying.
You have filed a suit for eviction and the opponent received the summons but preferred to not to appear before the court either in person or through his lawyer, if that is the case the court may call him absent and set him exparte, after which you may file evidence on oath to substantiate your case by affirming the contents as true by stepping into witness box and swearing the same. Then the court will pass ex parte judgement/orders in the case. You can get along with your advocate and closely follow it up.
