Court not passing the judgement
I have filed eviction and recovery (for arrears of rent) suit against my tenant on Sept 2014. Tenant has not paid rent since April 2014 and rent agreement expired on Sept 2013. My case comes in Delhi Jurisdication and it doesn't fall in Delhi Rent Control Act. Till Now 7 court proceedings (including today), 2 Notice + Summons have been issued and petition of evidence has been filed. But the court is reluctant to pass ex parte orders. Every time court issues notice after notice and she never reply to those notice. She hasn't appeared before the court either in person or through his lawyer till now and it seems like she has no intention to attend it. Next hearing date is 29th september 2015.
1. How much time court will take to pass ex parte orders?
2. Should I move in Delhi high court regarding this matter ?
3. If I move to Delhi High Court , HOw much time High court will take to resolve this ?
Asked in Property Law from Delhi, Delhi
1) generally if tenant does not appear continuously for 4 dates court passes exparte order
2) dont move HC now . wait for 2 or 3 dates then take a call
3) even HC is over burdened with cases .
1 There is no hard and fast rule on this. This depends on subjective satisfaction of the court regarding completed service of summons.
2. High court can not force a trial court to fix the matter for ex parte. You rather apply in the trial court for substituted service by way of newspaper publication.
3. Does not arise.
1. The court should satisfy itself abut the sufficiency of service of summon/notice to the opposite party, after which it will pass orders for setting the respondent as exparte.
2. Instead of moving high Court, Delhi, you can ask your advocate to pressurise before the court on the next date of hearing about this issue.
3. It depends on the advocate who handles this case at high court.
1. You have filed your evidence. What is the order passed by the court on last hearing?
2. The courts should not give too long a rope to litigants who waste its precious judicial time and thereby abuse the process of law, but the courts at the local level are disturbingly liberal.
3. You can move the HC for a speedy decision in the case. The HC may pass the judgment in less than a month.
Present: Plaintiff in person.
Plaintiff filed an application under Order 8 Rule 10 CPC. The same is taken on record.
Ahlmad has not issued the court notice as directed. He is warned to be careful in future.
Issue fresh court notice to the defendant and to the counsel forthe defendant as per the Vakalatnama on record for the next date of hearing.
Put up this matter for further proceedings and for consideration of the application filed today, for 29.09.2015.
Asked 2 years ago
The Provisions of the said rule referred above is reproduced below:
Procedure when party falls to present written statement called for by Court.- Where any party from whom a written statement is required under rule 1 or rule 9 fails to present the same within the time permitted or fixed by the Court, as the case may be, the Court shall pronounce judgment against him, or make such order is relating to the suit as it thinks fit and on the pronouncement of such judgment a decree shall be drawn up.
Thus the court will decide after the respondent is filing his counter to the petition filed under the said provision by the petitioner. Wait for the next date of hearing.
1) it appears earlier court notice was not issued
2) court has directed issue of fresh court notice to defendant
3) wait till next dated ie 29th September 2015
Wait till 29.09.2015 to see if the lower court passes the order or not, else you may move the HC.
1. The matter has not yet been delayed to much to agitate,
2. Wait for some more time and after that file a petition before the High Court praying for direction upon the Court lower to complete hearing of the case within a fixed time period,
3. Ask your lawyer to put pressure on the Court on the ground of urgency.
1. You have taken the correct step,
2. Floor Management in the Court is important to win the case. Keep good rapport with the Court officers to avoid getting longer dates,
3. Wait for the next date of hearing and if the Defendant fails to appear, put forth your plea forcefully for ex-Parte hearing.