Mr. Prakash Gupta, J.

1. By this revision petition under Section 115 CPC, the petitioners seek to challenge the order dated 31st October, 2007 passed by the Civil Judge (Jr. Div.) Sikar in Civil Misc. Case No. 34 of 2003 whereby the application filed by the non-petitioner under Order 9, Rule 13 CPC has been accepted.

2. Briefly stated the facts of the case are that the petitioner filed a suit against the non-petitioner for eviction and recovery of arrears of the rent due on the ground of default in payment of rent and non-user of the shop in dispute which was decreed by the trial court vide its judgment and decree dated 25th January, 2002. The said decree was executed as the possession of the disputed shop was handed over to the petitioner by the Nazir on 15th February, 2003. After that the non-petitioner filed an application under Order 9, Rule 13 CPC in the trial court for setting aside the ex parte decree dated 25th January, 2002. The application was opposed by the petitioner.

3. Both the parties adduced oral evidence in support of their respective case and the learned trial court vide order dated 31st October, 2007 allowed the application filed by the non-petitioner under O