SHYAM KUMAR GUPTA Vs. SHUBHAM JAIN

JUDGEMENT

(1.) Leave granted.

(2.) This appeal, by the legal representatives of deceased defendant in the civil suit bearing No. 1 of 2015 for recovery of arrears of rent and for ejectment, is directed against the order dtd. 21/9/2022 passed by the High Court of Judicature at Allahabad, Lucknow Bench in the petition bearing No. 3536 of 2022, whereby the High Court has declined to interfere with the order dtd. 1/9/2022 passed by the Court of Additional District and Sessions Judge (POCSO Act)-II, Raebareli, rejecting an application under Order IX Rule 13 of Code of Civil Procedure, 1908 ('CPC') for setting aside ex parte judgment and decree dtd. 9/3/2016/16/3/2016.

(3.) Shorn of unnecessary details and briefly put, the relevant background aspects of the matter are that the respondent herein, asserting his capacity as owner and proprietary right holder, filed the suit aforesaid against the late father of present appellants in the Small Causes Court, stating that the defendant was a tenant in the suit shop at a monthly rent of Rs.2,000.00 per month and had failed to make payment of rent from the month of February, 2015 to the month of May, 2015, amounting to Rs.8,000.00 and 15% municipal tax despite notice.