17 of 1998 respectively.
The learned Single Judge passed the following order Heard learned companynsel for the parties.
44387 of 2007.
The learned Civil Judge S.D , J.P. Nagar by order dated 9th January, 2006 allowed the application of the appellant plaintiffs and struck off the defence of the respondent.
The respondent thereafter filed a petition under Article 227 of the Constitution of India before the High Court of Judicature at Allahabad registered as Civil Miscellaneous Writ Petition No.
44387 of 2007.
J.P. Nagar on the ground of arrears of rent and default.
Inspite of receipt of numberice, the respondent did number choose to file written statement within the specified period.
After long delay, the respondent filed his written objection on 3rd April, 1999 against which the appellant plaintiffs filed an application for striking off the defence on the ground that the respondent failed to deposit the rent, the damages due and the companyt of the suit inspite of order dated 16th December, 1998, the first date of hearing and also failed to deposit water tax and house tax and thereby number companyplied with the provisions under Order XV Rule 5 of the Code of Civil Procedure CPC for short .
SUDHANSU JYOTI MUKHOPADHAYA, J. Leave granted.
This appeal is preferred by the appellants against the judgment and order dated 17th September, 2007 passed by the learned Single Judge, High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.
Against the said order, the respondent filed revision application in C.C R.No.1 of 2006 before the District Judge, J.P. Nagar in February, 2006.
Thus, defence of the respondent which was struck off by the Courts below was restored by the High Court.
By the impugned judgment, the High Court exercised its revisional jurisdiction under Article 227 of the Constitution of India and set aside the orders dated 31st May, 2007 and 9th January, 2006 passed by the District Judge, J.P. Nagar in S.C.C Revision No.1 of 2006 and Civil Judge, S.D. , J.P. Nagar in Suit No.
The District Judge, J.P. Nagar by impugned order dated 31st May, 2007 dismissed the same and affirmed order dated 9th January, 2006 passed by the Trial Court.
17 of 1998 on 21st September, 1998 before Civil Judge S.D. for eviction of the respondent defendant tenant from the suit premises, the shop located at Mohalla Raju Sarai Kanth Road, Amroha Distt.,
The appellants filed Suit No.
