JUDGMENT :

1. Heard Sri Shesh Kumar Srivastava, learned counsel for petitioner and Sri Shantanu Srivastava, learned counsel for respondent.

2. Present petition has been filed challenging the order dated 10.02.2023 passed by District Judge, Kanpur Nagar, by which, application 27-Ga filed under Order VI Rule 17 of CPC in S.C.C. Revision No. 187 of 2022 was rejected.

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

4. Brief facts of the case are as follows. The SCC Suit No. 149 of 2015 was filed for ejectment and recovery of damages under Section 26 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as ‘Act, 1887’) in which written statement was filed by the petitioner-defendant denying the allegations, but accepting the respondent-plaintiff as landlord. The said suit was exparte-decreed vide order dated 08.07.2022. Against the order dated 08.07.2022, petitioner-defendant has filed Revision under Section 25 of Act, 1887 before District Judge, Kanpur Nagar. It is undisputed that petitioner-defendant was a tenant of Pt. Ram S