amit (engineer) 10 April 2013

Civil revision (rent)in highcourt means?

Dear members,

Our tenant has filed a Civil revision(rent) in high court , as he lost his case in lower court on the basis of bonafide use.

I saw on net he has filed and a case number is there in Punjab & High court.

1. Case number means High Court is ready to hear his case even though he lost in lower courts?

2. can High Court dismiss his revision plea one sided without calling us for hearing?

3. What are the chances as per your experiences that High Court accepts his case or not?

4. How Much more time he can buy by filing revision in high court even if his revison will be dismissed without calling us?

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 10 April 2013

In the high court there will be an admission stage. Even at the time of admission by hearing it can be dismissed without calling you

sibojyoti chakrabarti (advocate) 11 April 2013

Dear,

Once a civil revision is filed in High Court, it will first have to be admitted. Now this all depends on whether he has any legal ground for moving this revision as well as the documents annexed along with the application.

The Hon'ble High Court will first examine whether to admit the same or not thereafter you will receive summons for pleading your case.

With Regards;

Sibojyoti Chakrabarti

EMAIL: sibo.chakrabarti@gmail.com

amit (engineer) 11 April 2013

thank you very for the clarification Mr. Rajeev Ji and Mr. Chakrabarti. Ji

Sir,

As per your experience what are the chances to admit the case by High Court in Bonafide use case?

I am bit worried of hpw much more time it will take as already case going on since 2008 in lower courts?

amit (engineer) 28 October 2013

Sir,

Our tenant moved to High Court in April itself, and now High Court has dismissed his petition and given him 8 month time to vacate the house(on the basis . High Court directed him to give undertaking in written to the lower court that he will vacate on before 8 month time.

The last para goes like this in judgement -: " In case of non-compliance of the order passed by this court, the petitioner shall also be liable of contempt proceedings for contempt of this court in addition to the execution of the eviction order"

My Questions:-

1. Can he appeal in Supreme court? if yes how much time he have to appeal?

2. If he gave undertaking that he will vacate after eight months, then does it means we still have to file for execution process in the lower court(which may take six more months) or he has to directly vacate the house.

3. Does this judgement means he cant appeal further and No execution required.

4. What if he dont give undertaking?