JUDGMENT

[VIA VIDEO CONFERENCING]

Rajiv Sahai Endlaw, J. This appeal was filed, impugning the order (dated 26th October, 2020 of the Commercial Court, North West District, Delhi, in Misc. D.J No. 223/2020 in CS (COMM) No. 77/2019) of dismissal of an application of the appellants/defendants under Order IX Rule 13 of the Code of Civil Procedure, 1908 (CPC) for setting aside of the ex parte decree dated 19th February, 2020 of ejectment of the appellants/defendants from immovable property (earlier in the tenancy of the appellants/defendants under the respondent/plaintiff on the terms and conditions contained in the registered lease deed between the parties) and for recovery from the appellants/defendants, of arrears of rent and mesne profits.

2. It was the case of the appellants/defendants, that they learnt of the ex-parte decree, only on receiving notice of the petition filed for execution thereof and were never served with the summons of the suit.

3. Notice of this appeal was ordered to be issued. However, finding (i) that none appeared for the appellants/defendants on 27th January, 2021 and on 1st February, 2021 and, (ii) that the appellants/defendants, when appeared, were not r