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    Tuesday, 12 January 2016

    Procedure for Appearance of Parties

    1. Introduction
    Punjab Rented Premises, 2009 provide procedure for appearance of parties before the Rent Tribunal.

    2. Relevant Provisions
    Section 21 Punjab Rented Premises Act 2009

    3. Procedure for Appearance

    i. Issuance of Notice
    Notice shall be issued to respondent for appearance.

    ii. Authority who can issue Notice
    Rent Tribunal shall issue notice.

    iii. Form of Notice
    It shall be in form prescribed in schedule.

    Essentials of Notice
    a. Copies of application
    b. Documents annexed with the application

    iv. Time Period
    Time shall for not less than 10 days.

    Service of Notice
    a. Process service
    b. Registered post acknowledgement due
    c. Courier service

    4. Failure of Respondent to appear and Substitute Service

    If respondent fails to appear and rent Tribunal is satisfied that.
    a. Notice has not been served on the respondent
    b. Respondent is willfully avoiding the service of Notice.
    c. The Rent Tribunal may direct service of Notice by
    i. Affixing a copy of the notice at some conspicuous part of the Rent Premises or resident of the Respondent.
    ii. Publication in the press
    iii. Electronic media
    iv. Any other mode

    5. Ex-Parte Proceeding

    The rent Tribunal may proceed ex-parte in absence of respondent and make final order.

    6. Remedy for respondent against ex-parte proceeding

    If an ex-parte order is passed against respondent he may.
    i. within 10 days from the date of knowledge .
    ii. Apply to the Rent tribunal for setting aside the ex-parte order along with the application for leave to contest.

    7. Setting aside ex-parte proceeding
    If the respondent shows a sufficient cause for non-appearance, the Rent Tribunal may set aside the ex-parte order on such terms as it may deems fit.

    8. Appearance of Parties
    The parties may appear
    a. In person
    b. Through a recognized agent

    9. Failure of appearance by applicant
    If on a date fixed the applicant fails to appear the Rent Tribunal may dismiss the application.

    10. Remedy for applicant
    If an application has been dismissed in default of the appearance of the applicant, he can apply for the restoration and rent tribunal may restore the application as it deems fit.

    Time Period

    Application for Restoration shall be made within 30 days for the dismissal order.
    Conclusion
    To conclude it can be said that Rent Tribunal is empowered to issue notice to the respondent and ex-parte proceeding and also set aside ex-parte proceeding if sufficient grounds are shown by the respondent. The Rent Tribunal may also dismiss the application of applicant if he does not appear on the fixed date.
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    Item Reviewed: Procedure for Appearance of Parties Rating: 5 Reviewed By: Usman Ali
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