JUDGEMENT
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(1.)PRESENT JSCC Revision has been filed against the judgment and order dated 21. 07. 2007 passed by Additional District and Session Judge, Gautam Budha Nagar in Misc. Case No. 2 of 2007 (Sumit Jain Vs. Omi and others), rejecting revisionist's application under Order IX Rule 13 read with Section 151 Code of Civil Procedure for recalling of exparte judgment and decree dated 26. 03. 2007 passed in JSCC Suit No. 29 of 2006 in between Omi and others Vs. Sumit Jain and others.
(2.)BRIEF background of the case is that plaintiff-respondent filed JSCC Suit No. 29 of 2006 for ejectment and arrears of rent and damages against defendants-tenant-revisionists on 01. 12. 2006 in respect of shop No. 12 and 13 situated at village Atta Sunahari Market Sector No. 27 Noida, District Gautam Budha Nagar on the ground that defendants-tenant-revisionist had committed default in payment of rent. After said suit in question was filed notices were issued fixing 16. 01. 2007. Case in question was transferred to Additional District and Session Judge (Fast Track Court No. 5) and in the aforesaid proceedings defendants-tenant-revisionist failed to appear as such exparte judgement and decree has been passed on 26. 03. 2007. Defendants-tenant-revisionist submit that after acquiring knowledge of the aforesaid decree and judgment on 26. 03. 2007 inspection was carried out and thereafter an application under Order IX Rule 13 read with Section 151 C. P. C has been moved for setting aside exparte judgment and decree dated 26. 03. 2007. Said application has been rejected on 21. 07. 2007. At this juncture present JSCC Revision has been filed.
(3.)PLEADINGS inter se parties have been exchanged and thereafter present JSCC Revision has been taken up for final hearing and disposal with the consent of the parties.
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