Irshad Ali, J. - (1.) Heard Sri Farooq Ahmad, learned counsel for the petitioners and to Sri Aftab Ahmad, learned counsel for respondent No.3.
(2.) The dispute in the present writ petition is that the petitioners are tenant in the shop of respondent No.3 on monthly rent of Rs.300/- and is running a tea shop since year 1993. After notice to the petitioners under Section 106 of Transfer of Property Act, a suit was filed before the Judge Small Causes Court, which was numbered as Suit No.1 of 2008 for ejectment and arrears of rent and damages. The suit was decreed vide judgment and decree dated 02.05.2009. The petitioners moved an application under Order 9 Rule 13 of CPC along with application for condonation of delay under Section 5 of Limitation Act for showing the reasons for delay occasioned in filing the application.
(3.) An objection was filed by the plaintiff to the application moved under Order 9 Rule 13 CPC and thereafter, the matter was heard on the point of exparte judgment and decree vide order dated 01.12.2015 and the application moved by the petitioners was rejected.;