ORDER :

1. Delay condoned.

2. Leave granted.

3. The appeal arises out of an order passed by the High Court of Judicature of Bombay, Aurangabad Bench, confirming an order passed by the trial Court refusing to recall an order by which the defendant Nos. 1 and 2 were recorded as having filed no written statements and the suit directed to proceed ex-parte against defendant Nos. 3 and 4.

4. We have heard the learned counsel on both sides.

5. The respondent herein filed a suit for recovery of damages on the file of the Civil Court Senior Division Jalgaon in December, 2017. Admittedly, the suit summons was served on the appellants herein (defendants in the suit) on 16.02.2018. Despite a number of opportunities given to them, the appellant Nos.1 and 2 herein (defendant Nos. 1 and 2) did not file their written statements. Defendant Nos. 3 and 4 did not even enter appearance.

6. Therefore, the trial Court passed an order on 3.7.2018 to the following effect:

“The Defendant No. 3 and 4 in spite of service of suit summons (Exh.6) failed to appear and defendant No. 1 and 2 in spite of giving opportunity failed to file their written statement. Hence, the suit proceeded ex-parte against defendant no. 3