RC (d) 08 November 2011
I have a question for all the experts.
If i file a suit for evition of a tenant in delhi and he fails to appear in the court. Can his wife or any lawyer fight on his behalf without any attorney or appointment in writing from my tenant .(i have an intial registered aggrement of 11 months with him which has expired) will the case be decladed ex-parte?
pls help!
sridhar pasumarthy (ADVOCATE) 08 November 2011
Dear RC,
As per the evidence available with u, the husband is the lessee, who is now absconding.
So, there is a possibility of getting an exparte decree in a suit for eviction.
But, there is a chance of seeking to get them impleaded in the said suit by his wife claiming to be a lessee on oral lease, in which case, you cannot get an exparte decree. Because such a fact as to who is the lessee is to be determined by the court on merits.
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