ORDER :

Mohammad Rafiq, J.

1. This petition has been filed by plaintiffs/petitioners assailing the order dated 2.8.2019, passed by the learned Civil Judge Court No. 3, Shimla in case No. 172-1 of 18/15, titled Ashok Sood and another versus Roshan lal Bhardwaj whereby their objection to the admissibility of the affidavit of the defendant Roshan lal Bhardwaj, has been rejected.

2. The facts of the case, as emerging from the pleadings, are that the defendant/respondent was a tenant of the plaintiffs/petitioners in the first floor of Irwin Lodge and its Annexe as well as one room in the ground floor thereof. The plaintiffs/petitioners succeeded in obtaining eviction order against him in Rent petition No. 47/2 of 2010/08 from the Rent Controller No. 1 on 30.6.2011. The defendant/tenant challenged the aforesaid order in Rent Appeal No. 40-S/14 of 2011 in which an interim order was passed on 3.7.2013 whereby operation of the eviction order was stayed subject to the respondent paying use and occupation charges @ Rs. 6000/- per mensem. Since the defendant/respondent did not comply with the aforementioned order, the plaintiffs/petitioners filed Execution Petition No. 17-10 of 2011 before the Re