(1.) Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Krishna Nand Rai alongwith Sri Prashant Rai, learned counsel for opposite party.
(2.) Present petition has been filed challenging the order dtd. 14/11/2022, passed by Judge, Small Causes Court, Saharanpur in SCC Suit No. 25 of 2014, by which defence of petitioner-defendant was struck off under provision of Order XV, Rule 5, C.P.C. and order dtd. 31/1/2023 passed by District Judge, Saharanpur dismissing the SCC Revision No. 132 of 2022, which was filed by the petitioner-defendant challenging the order dtd. 14/11/2022.
(3.) Since, only legal question is involved in this petition, therefore, with the consent of parties without inviting for affidavits, the matter is being decided at the admission stage itself.