Order 9 rule 13.
Revesion petition is pending in high court for final disposal. i am the landlord and my grandfather had filed an eviction suit against the tenants. initially they appered in the court through there counsel but later on did not appear. finally the case was decided in expartee and a decree decided in my favour. They filed an application under order 9 rule 13 for setting aside the expartee decree, which was dismissed. against this they prefered an appeal which was also dismissed. now they have filed an reviesion petition in high court which is for final hearing.the points raised by them are
1 they were set expartee because of the negligience of there counsel who had taken resposibility of the case but absented himself, as he had become a high court judge. my stand that a lawyer becoming a high court judge is a event widley publicized on television, radio, newspaper etc and so they cant claim ignorance.
2 they raise the point that once the case was set expartee , we had ammended the suit, and as such they needed to be noticed again which they havent been, as such the decree needs to be set aside. i had ammended a para in which i had added an additional ground of subletting , which the trail court didnt entertain , but retained other grounds on which suit was filed and decreed in my favour.
the case has been pending from 30 years, i cant afford to loose it. during mean time of litigation the party has subleted the property to other tetant in the same building, who has mixed it with the shop rented to him. can any one suggest me what should i do , and should i go to supremce court in case in lose.