Apni Law Staff asked 2 years ago
We filed a case against our tenant in October 2015 for not paying rent. We had a registered agreement, and the lease expired in December 2015. Our tenant didn’t show up in court despite the judge’s order, though his lawyer appeared twice. He admitted to being the tenant and not paying rent for 5 months, giving false excuses. The decision is due soon. He now threatens to go to the High Court. Can he do that without attending the lower court hearings? Also, can he move to the High Court without paying the rent arrears and court fees?
Best Answer
Apni Law Staff answered 2 years ago
Yes, your tenant can file an appeal in the High Court even without attending the lower court hearings. However, he must pay the court fees and arrears before the High Court will hear his case. This is in accordance with the Indian Code of Civil Procedure and the principle of “justice delayed is justice denied.”
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