- (1.) Records reveal that the respondents were validly served in the year 2012 itself, however, they have yet not appeared in the present proceeding.
(2.) The petitioners, defendant No.1(a), 1(b) and 1(c) in Title Suit No.21 of 1993, are aggrieved of order dated 24.05.2012 by which the suit was set for ex parte hearing against them and order dated 19.06.2012 by which the application seeking recall of order dated 24.05.2012 has been declined.
(3.) Title Suit No.21 of 1993 was instituted for a decree for redemption of the mortgage. Petitioners are legal heirs and representatives of defendant No.1 in the suit. Defendant No.1 died on 05.09.2006 and by an order dated 22.07.2010 the petitioners were substituted in his place. The impugned order dated 19.06.2012 records that petitioners were served summons on 27.07.2011, however, they did not file additional written statement nor did they appear in the suit and consequently the suit was set for ex parte hearing against them by the impugned order dated 24.05.2012.;