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How much time to file written statement
5 years ago
Hi team,
We have filed Eviction case OS 141/2016 on commercial property in prl.junior civil judge still now case pending for wrtten statement. How many years can a case kept pending for written statement. We are not getting rent from 4 years we dont have physical strenth to vacate him. Last rent he paid was oct 2014. Our fraud tenant have filed case OS 143 in 2015 for 3 years even that period also completed in jan 2018 with out paying rent and case disposed without our knowledge, judge was not even concern of providng rent.
Ambrose Leo
Responded 5 years ago
A.Yours is long and complicated issue, better to take guidance & help from the Professional Property Lawyer from the panel of Vidhikarya on all aspects of the issue immediately.
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A.Dear Sir,
The law is very transperant now. The suit has to be disposed of if rent is not deposited. Further each high court framed rules to dispose of the suit. The circular is as follows. Approach HC.
==============================================================================================================
Karnataka Case Flow Management Rules
Similar Rules are framed by all the High Courts
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php
The law is very transperant now. The suit has to be disposed of if rent is not deposited. Further each high court framed rules to dispose of the suit. The circular is as follows. Approach HC.
==============================================================================================================
Karnataka Case Flow Management Rules
Similar Rules are framed by all the High Courts
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.
http://www.judicialreforms.in/forums/showthread.php
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Nirmal Chopra
Responded 5 years ago
A.U shall have to consult by showing case papers of suit filed against you by the defendant to understand its effect on your suit.consult me through Vidhikarya and avail personal consultation to get accurate and correct consultation.
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Ved prakash Shaw
Responded 5 years ago
A.For your case os141/2016,the defendant shall file WS within 60 days from the date of appearance in the civil court.If after 60 days no WS is filed,the plintiff shall file petition in the court for exparte hearing.so for other case of yours opp.party is concerned,u should have filed setaside petition in the court.or else file appeal before the higher court
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Namitabh Kothari
Responded 5 years ago
A.Very sad to hear that you have not got any rent and also justice..
It is advisable that you engage some other Advocate who will promptly take steps to correct all the past mistakes which have been reason for you not getting rent as well the eviction order. Kindly contact VIDHIKARYA to engage good and competent Advocate for better results.
It is advisable that you engage some other Advocate who will promptly take steps to correct all the past mistakes which have been reason for you not getting rent as well the eviction order. Kindly contact VIDHIKARYA to engage good and competent Advocate for better results.
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