JUDGMENT :

1. Heard Sri Ashish Kumar Singh, learned counsel for the petitioner and Sri Krishna Nand Rai alongwith Sri Prashant Rai, learned counsel for opposite party.

2. Present petition has been filed challenging the order dated 14.11.2022, passed by Judge, Small Causes Court, Saharanpur in SCC Suit No. 25 of 2014, by which defence of petitioner-defendant was struck off under provision of Order XV, Rule 5, C.P.C. and order dated 31.01.2023 passed by District Judge, Saharanpur dismissing the SCC Revision No. 132 of 2022, which was filed by the petitioner-defendant challenging the order dated 14.11.2022.

3. Since, only legal question is involved in this petition, therefore, with the consent of parties without inviting for affidavits, the matter is being decided at the admission stage itself.

4. Learned counsel for the petitioner-defendant submitted that plaintiff-respondent had filed SCC Suit No. 25 of 2014 before the Judge, Small Causes Court, Saharanpur for arrears of rent and ejectment on the ground of default in payment of rent. On service of summons, petitioner-defendant has filed application Paper No. 12-Ga dated 14.10.2014 to deposit the rent as provided under Order XV, Rule 5,