JUDGMENT

Manmohan, J. (Oral):--The appeal has been heard by way of video conferencing.

2. Present appeal has been filed challenging the order dated 14th January, 2020 passed by the learned Single Judge disposing of IA No.7667/2019 in CS (COMM) No. 1055/2018 filed under Order IX Rule 7 of CPC by appellant-defendant No.1 for recall of the order whereby the Trial Court decided to proceed ex parte against the appellant-defendant No.1. The appeal is accompanied by an application seeking condonation of delay of 263 days in refiling the appeal.

3. The learned Single Judge by the impugned order imposed cost of Rs.30,000/- for setting aside the order dated 19th December, 2018 to the extent that the Court had proceeded ex parte against the appellant-defendant No.1. However, the learned Single Judge held that appellant-defendant No.1's right to file written statemen