Court procedure
pawan kumar
(Querist) 19 April 2012
This query is : Resolved
rent case is going on for non payment of rent.due to defendent absence and not filing w/s despite many chances given by court case was posted exparte evidence. evidence has been given by way of affidavit by plaintiff along with evidence by person who was witness to rent agreement.certified bank statement is also filed to show cheques given by tenant for rent in evidence.now case is fixed for arguement of plintiff. does it mean defendent will cross plaintiff and other person who has given evidence. after arguement what will be next stage of case.if judgement comes how arrears of rent will be recovered.
Devajyoti Barman
(Expert) 19 April 2012
if the mater is heard ex parte then there is no opportunity for cross examination unless the order ex parte hearing gets vacated in the meantime and the case undergoes contested hearing.
kranthi kiran
(Expert) 19 April 2012
though exparte, defendant can join the proceeding at later stage and can continue to participate in proceeding without filing Written Statement. After Judgment Plaintiff has to file Execution Petition for recovery of arrears of rent and for eviction
Raj Kumar Makkad
(Expert) 19 April 2012
Defendant has very limited scope in the given facts. None can be permitted to take benefit of his own wrong.
Shonee Kapoor
(Expert) 20 April 2012
Very weak case.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
