JUDGMENT

Sanjeev Sachdeva, J. (ORAL)

CM APPL.366/2023 (exemption)

Exemption is allowed subject to all just exceptions.

RFA(COMM) 1/2023 & CM APPL. 364/2023 & 365/2023

1. Appellant impugns judgment dated 19.02.2020 whereby an ex-parte decree has been passed against the appellant of eviction in respect of tenanted premises No. C-42, Wazirpur Industrial Area, New Delhi and also of awarding damages at the rate of Rs.30,000/- per day starting from January, 2019 till vacation of the suit property.

2. It may be noticed that appellant had filed an application under Order IX Rule 13 which was dismissed by order dated 26.10.2020 against which appellant filed an appeal which was listed before a Division Bench of this Court being FAO(COMM) 20/2021.

3. By a detailed judgment dated 20.05.2021 the appeal was dismissed, however, with regard to the ex-parte decree (impugned herein) the same was modified holding as under:

"26. Once it is found that the appellants/defendants, as per their lease deed, have no defence to the claim which has been decreed ex-parte, this Court would not mechanically set aside the decree. An ex-parte decree is to be set aside only if grounds therefor are made out and