Judgment

A.K. Mathur, J.—This Special Leave ­Petition is filed against an order dated August 25, 2004 passed by the learned Single Judge of the High Court of Delhi at New Delhi whereby learned Single Judge has set aside the order dated February 13, 2004 passed by the trial court whereby the trial court declined to pass an order of eviction moved by the plaintiff under Order XII Rule 6 of the Code of Civil Procedure (hereinafter to be referred to as “C.P.C.”) and observed that the application made at this stage is not maintainable and the suit shall be decided recording necessary evidence of the parties in order to do complete justice and dismissed the application of the plaintiff filed under Order XII Rule 6, C.P.C. Hence the present revision was filed before the High Court. The said revision application came to be disposed of by the learned Single Judge of the High Court on August 25, 2004.

2. In order to dispose of the present petition, brief facts may be detailed herein. Respondent No.1 filed a suit for eviction, arrears of rent and damages/mesne profit against the defendant-petitioners alleging therein that the premises in question was let out to the defendant-petitioners jointly