JUDGMENT

Saurabh Banerjee, J. (Oral)--Appellants seek to impugn the order dated 05.12.2022 passed by the learned Trial Court [Hereinafter referred as "Impugned Order"] whereby their application under Order IX rule 13 of the Code of Civil Procedure, 1908 [Hereinafter referred as "CPC"] seeking setting aside of the ex-parte decree dated 22.12.2020 has been dismissed.

2. Brief facts disclose that in a suit for recovery of Rs.12,76,189/- (Twelve Lakhs Seventy Six Thousand One Hundred Eighty Nine Only) instituted by the respondent against the appellants before the learned Trial Court, after issuance of summons for 16.01.2019, appellants despite being served on 10.10.2018 (corrected by the learned Trial Court as it was incorrectly shown as 10.01.2018 when the suit was instituted subsequent thereto), failed to appear on the said date and entered appearance through their counsel only on 03.04.2019, albeit did not file their written statement. In view thereof, the appellant's right to file written statement was closed.

3. Thereafter, when the suit was listed on 31.07.2019, though the lawyers were on strike, the learned Trial Court proceeded to frame the issues and put it up for recording o