JUDGMENT

Manoj Kumar Ohri, J. -

I.A. 7268/2020 (Under Order IX Rule 7 read with Order XXXVII Rule 2(3) read with Rule 3(7) and Section 151 CPC by the Defendants)

1. The present application has been filed under Order IX Rule 7 read with Order XXXVII Rule 2(3) read with Rule 3(7) and Section 151 CPC seeking recall of the order dated 31.07.2020 (hereinafter referred to as the 'impugned order') whereby the defendants were proceeded ex-parte.

2. The defendants have sought recall of the impugned order primarily on the ground that the defendants were never served with the summons in the suit for the reason that at the relevant time, the defendants were not staying at the address mentioned in the memo of parties.

3. Learned counsel for the defendants submits that the present application has been filed within limitation.

4. It is claimed that although the defendants are the owners of the property bearing No. E-108, Malcha Marg, New Delhi (hereinafter referred to as the 'suit property'), since April, 2018, the defendants were residing at 13, South Drive, DLF Chhatarpur, New Delhi-110074 (hereinafter referred to as the 'Chhatarpur Property').

5. In support of the claim, the defendants have placed