Ex parte - implications
Chandrika Subramaniyan
(Querist) 19 March 2012
This query is : Resolved
Mr Barman,Mr Makkad & Tom- Lawyer......
This is a continuity of my previous query and answers as of below link.
http://www.lawyersclubindia.com/experts/Advice-on-tenant-eviction-case-252766.asp
The Tenant's lawyers were given Ex Parte against cross examining me as they had 5 chances to do so and kept asking for extension.
1.My question is what are the implications of this? What can my opposition do going forward ? Is this their delay tactics ? What are the pros and cons in my favour due to this ?
2. By the way....the Tenant had sent the DD to my lawyer for 7 months past rental dues and said will forward monthly rent direct to my lawyer henceforth in respoonse to the 2nd case filed. But my Lawyer is taking the case forward holding the tenant responsible for willful default on the late payment of rent. Is this a wise move ? Tenant's lawyers had stated that I had refused to recieve the rent....which is not the case as I had stopped recieving any rental cheques from the tenant from the time the 1st case was filed.
Thank you
Chandrika Subramaniyan
adv. rajeev ( rajoo )
(Expert) 19 March 2012
it is only delay tactics. Tenent can file an appalication to recall you for the cross examination by setting aside an order
Raj Kumar Makkad
(Expert) 19 March 2012
This is nothing but a delay tactic on the part of the counsel for the opposite party. You should pray before court to provide you daily allowance for you and impose a heavy cost upon the opposite party due to their failure to cross examine a witness coming on every hearing.
