Setting aside ofeviction orders
pawan kumar
(Querist) 07 June 2012
This query is : Resolved
defendent after putting in appearance did not file w/s. defence struck after giving many dates and costs imposed.case posted for exparte evidence. application was moved to set aside which plaintiff agreed. defendet thereafter again did notappear. exparte evidence done. case decided exparte final eviction orders made for non payment ofrent. file consigned to record room. can these orders be setaside by same courton request of defendent without payment of rent arrears and rent payable for the period suit is pending
adv. rajeev ( rajoo )
(Expert) 07 June 2012
It is not a ex-parte decree because defendant has appeared but failed to file his WS.
He has to file an appeal against the judgement and decree
pawan kumar
(Querist) 07 June 2012
DEAR RAJEEV RAJOO JI.THE COURT WHILE ISSUING FINAL DECREE STATED THAT EXPARTE DECREE IS BEING ISSUED AS DEFENDENT OPTED NOT TO CONTEST.WILL IT MAKE ANY DIFFERENCE
Kiran Kumar
(Expert) 13 June 2012
I think this query has been posted number of times :)
