(1.) Heard learned counsel appearing on behalf of the parties.
(2.) This is the landlords' writ petition under Article 226 of the Constitution of India challenging the order dated 5th September, 1983, passed by the 1st Additional District and Sessions Judge, Bulandshahr in S.C.C. Revision No. 39 of 1981 under Section 25 of the Small Causes Courts Act, whereby the revisional court has allowed the revision filed by the contesting respondents-tenants and set aside the judgment and decree dated 30th May, 1981, passed by Munsif, Khurja in S.C.C. Suit No. 24 of 1973, whereby the suit filed by the landlord-petitioners was decreed.
(3.) The facts leading to the filing of the present writ petition are that the landlord filed a suit for eviction and arrears of rent before the trial court. Before the trial court, the landlord filed an application that since the tenants have not complied with Order XV Rule 5 of the Code of Civil Procedure, therefore, their defence is liable to be struck off. In rebuttal of the aforesaid application, the tenant-contesting respondents filed an objection. The trial court vide its order dated 30th May, 1981, decreed the suit filed by the petitioners-landlord and rejected the objection raised on behalf of the tenants while allowing the application under Order XV Rule 5 of the Code of Civil Procedure filed by the landlords.