Exparty vacate & sppedy trial
Bani Misra
(Querist) 24 July 2018
This query is : Open
1)An eviction suit was filed in 2007 by landlady.
2)Case run till 2012 fine.
3)Land lady absent case from 2012-2016 (Health problem ,several operation, document submitted).
4)Opponent got ex party , till date order and the judgement is pending.
5)Land lord appear from 2016 to contest the case.
6)Till 2016 , 6 date judge is absent.4 put up date given ,but till judge is absent on hearing date.
7)Landlady is of 80.She want to see judgment in her lifetime.
8)Landlady has lost original tenancy agreement, she has xerox of the tenancy agreement.
My Question is
1)While Ex party is towards tenant and landlady appear for 2 years to contest but no hearing done by judge.Can land lady move to high court for speedy trial and vacate the exparty ?
2)Landlady has lost original tenancy agreement, she has xerox.Will there be any problem ?
If 'Yes', please suggest what to do.
3)Landlady is of 80, can she ask speedy trial in high court , her application can be rejected ?
Dr J C Vashista
(Expert) 25 July 2018
Vague and confusing statement.
Consult a local prudent lawyer for better appreciation of facts, guidance and proceeding.
Bani Misra
(Querist) 25 July 2018
The query is not vegue, I can give the case number
Bani Misra
(Querist) 25 July 2018
Please help , while exparty order is there , can I move to high court
