JUDGMENT

Sanjeev Sachdeva, J. (ORAL)--The hearing was conducted through video conferencing.

2. Appellant impugns order dated 01.04.2021 whereby the application filed by the appellant under Order 9 Rule 13 Code of Civil Procedure (CPC for short) has been dismissed.

3. Subject suit was filed by the respondents for possession, permanent and mandatory injunction and for recovery of arrears of rent, mesne profits and damages.

4. It is contended in the suit that appellant is a tenant under the respondent at a rate of Rs.4000/- per month and despite vacation notice has failed to vacate the premises.

5. Learned counsel for the appellant/defendant submits that appellant is not a tenant in the property but is an owner of the property and the property was purchased by the husband of the appellant. It is submitted that respondents have fabricated the documents after the property was purchased by the appellant.

6. Further it is contended by learned counsel for the appellant that appellant was neither served with the summons of the suit nor was aware of the pendency of the suit. He submits that no opportunity of leading evidence was granted to the appellant to show that appellant was nev