Single bench order restoring a Family Court Appeal dismissed in default. The Court accepted the pandemic and lockdown as valid reasons for the applicant's absence and ordered restoration to decide the cause on merit.
Family Courts Appeal No. 2/2015 is restored at the same stage to decide the cause on merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2023:BHC-NAG:14838-DB
1 925 mca 483.22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
MISC. CIVIL APPLICATION (MCA) NO. 483/2022 IN FAMILY COURTS APPEAL NUMBER (FCA) NO. 2/2015
(Indermohan Singh Sethi s/o Suvinder Singh Sethi Vs. Kawaljeet Chadha wd/o Kuljeet Singh Chaddha)
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -Mr. R. P. Joshi, Advocate for applicant.
Mrs. H.M. Mehta, Advocate for non-applicant.
CORAM: VINAY JOSHI AND VALMIKI SA MENEZES JJ.
DATED : 09/10/2023.
Heard.
2.This is an application for restoration of Family
Courts Appeal (FCA) No. 2/2015 which was dismissed in-
default vide order dated 12.03.2020. This Court has noted
that since last two dates, the appellant was absent,
therefore, the matter was dismissed for want of
prosecution.
3.The applicant/appellant would submit that at
relevant time, pandemic situation has just began. He would
submit that there was panic in the society and therefore, he
was not in a position to attend the Court, particularly on
12.03.2020. It is submitted that Supreme Court in suo
motu petition has considered the in-captivity of the
litigants to take steps in pandemic situation and
accordingly, exempted the time from 25.03.2020 till
28.02.2022. The other side objected on the ground that no
substantial reasons has been made out to justify the
applicant’s absence on the date of dismissal. Considering
2 925 mca 483.22
the news of spreading of Corona vires, everybody was
under fear and therefore, on that count, applicant was not
present. A judicial note can be taken that few days
preceding to the exemption granted by the Supreme Court,
already there was surge of pandemic situation. Lock-down
was declared by the State as precautionary major in the
intermittent period.
4.Considering above aspect, we deem it appropriate
to restore the Family Courts Appeal No. 2/2015 to decide
the cause on merit. In view of above, appeal stands
restored at the same stage.
5. Application stands disposed of in above terms.
(VALMIKI SA MENEZES, J.) (VINAY JOSHI, J.)
Gohane
2 issues framed by the court
Whether a Family Court Appeal dismissed in default should be restored considering the applicant's inability to appear due to pandemic lockdown.
Whether the pandemic situation and subsequent Supreme Court mediation exemption warrant condonation of the delay in filing.
Indermohan Singh Sethi
Kawaljeet Chadha
Vinay Joshi
Valmiki Sa Menezes
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court