JUDGMENT :

1. Heard counsel for the parties.

2. The instant petition is directed against the order dated 13.5.2015 passed in SCC Revision No.2 of 2014, whereby the revision has been allowed and the order passed by the trial court dated 8.8.2014 striking off the defence of the defendant-opposite party no.2 in exercise of power under Order 15 Rule 5 CPC has been set aside.

3. The facts in brief are that the plaintiff-petitioner instituted SCC Suit No.2 of 2010 against the defendant-opposite party no.2 for recovery of arrears of rent and for eviction from a shop bearing No.462 Chapatti Gali, Bisatkhana, Mainpuri. The suit was instituted on 17.8.2010. It was preceded by a notice dated 8.5.2010 determining the tenancy of the defendant opposite party. The plaintiff claimed arrears of rent since April, 2006.

4. The suit was contested by the defendant by filing written statement dated 3.12.2010 claiming that there was no default in payment of rent, as the rent when tendered was refused, consequently, it was deposited in Misc. Case No.36 of 2001.

5. On 13.1.2012, the plaintiff filed an application alleging that the defendant has not made compliance of Order 15 Rule 5 CPC, inasmuch as he has fail