if the tenant has not appeared in court then court can proceed with the case exparte ie in his absence
2) litigation is long drawn process
3) you can move HC for expediting trail as plaintiff is a senior citizen
Tenant not vacating, hearing since 4 years, senior citizen
Hi this is in behalf of a senior citizen, who is medically not fit.. needs justice. Its been 2+ years the case is in Tiz Hazari court. regarding his tenant who stopped paying the rent , and amenities bill. after waiting for 1 year or so, the senior citizen filed a case in court in 2014. the verdict is still awaited/pending. the tenant has "never" appeared in court nor vacated the premises. The total due on the tenant is around now for 3+years of rent and water/electricity bill. Please provide suggestion / solution for a senior citizen, who is prescribed to use oxygen tank minimum 12 hrs.sill going around for the case hearing for 2+years alone, in public transport (busses), where he cant even walk because of medical(Varicose Veins). Delhi pollution is the worst as we all know. Why is there so long delay in justice for an senior citizen who has been in and out of ICU (medically not fit).
Asked 8 years ago in Civil Law
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5 Answers
Hope the senior citizen has engaged an advocate to take care of this case?
If so, what is the opinion of that advocate for this inordinate delay?
If the opponent party is not appearing before court his advocate would be representing him, if there is no representation at all then this advocate may press for an exparte decree.
If exparte decree is obtained, then an execution petition may be filed to execute the decree and if need be with the police help the premises may be repossessed by forcibly evicting the tenant by the order of court.
If the advocate is not cooperating then he may be changed for a good advocate.
Dear Concerned :
Let me be bit Rude :- As you are the plaintiff - YOU DONT EVEN NEED to go to the court, its your lawyer's jobr to get the case solved in your favor. Its time to change your lawyer.
the courts have been very hash towards tenants who illegally occupy property - Kindly feel free to contact our office though google, we would hear your matter and tell you the exact situation of your case.
Hi
Since the tenant is not appearing in the court and delaying the court process, you can request the court through the higher court (district court/high court) for speedy disposal and time bound hearing of the matter citing reasons such as age and medical condition of the land lord and also the non appearance of the tenant int he court.
Another alternative is to file a summary suit under Order 37 CPC.
Order 37 CPC is one of the best provisions in the hands of a proposed Plaintiff, wanting to institute a Civil Suit. Broadly it states as under:
Rule 1, Sub-Rule 2 makes it applicable to all suits upon bills of exchange, hundies and promissory notes or the ones in which a Plaintiff seeks only to recover a debt or liquidated demand in money payable on a written contract, an enactment, where the sum to be recovered is a fixed sum of money or in nature of any debt except penalty, a guarantee - in respect of a debt or liquidated demand.
Rule 2 requires an Order 37 Suit to contain among others, a specific averment that the Suit is filed under this Order and no relief which does not fall within the ambit of this Rule is claimed.
The real benefit of an Order 37 Suit is that unless the Defendant is able to demonstrate that he has a substantial defence in his case, the Plaintiff is entitled to a judgment immediately. This in layman’s language means that the stages of filing a WS within 30 days and not later than 90 days, a rejoinder thereafter, admission/denial of documents, framing of issues by Court, leading evidence, cross-examination by parties, final arguments and then finally the judgment/decree, in an ordinary Civil Suit gets eliminated.
So all that a Plaintiff has to show is that it is a case which falls within the ambit of Order 37. Once summons is issued, the ball is in the Court of the Defendant to show that he is entitled to a leave to defend, on grant of which the Order 37 Suit becomes an ordinary Civil Suit and the Defendant is then directed to file his WS within 30 days.
Hope this helps
Since there is delay in the disposal of the case you may move the HC for an expeditious disposal of the case. As you are a senior citizen the HC will be receptive to your plea.
