In a civil appeal, the Bombay High Court dismissed a petitioner's writ petition challenging the Family Court's order setting aside an ex-parte judgment. The court found no infirmity or perversity in the trial court's conclusion that summons were improperly served by 'pesting'.
No order as to costs.
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.
5-wp13466-23.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
VASANT ANANDRAO IDHOL
Digitally signed by VASANT ANANDRAO IDHOL Date: WRIT PETITION NO.13466 OF 2023 2024.03.05 18:40:38 +0530
Santosh S. Malkar ...Petitioner V/s. Mrs.Sarika S. Malkar ...Respondent
Mr.Sunil Gosavi for the Petitioner.
None for the Respondent.
CORAM : RAJESH S. PATIL, J. DATE : 1ST MARCH, 2024.
P.C. :-
dated 16 April 2019 passed by the Family Court, Bandra, Mumbai.
and decree was challenged by the Wife by filing Civil Miscellaneous Application No.18 of 2018. The Application was
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filed under Order IX Rule 13 of the Code of Civil Procedure for setting aside the ex-parte judgment and decree. After hearing the parties, the Family Court, Mumbai set-aside the judgment and decree dated 20 February 2015 and the Original Petition was restored back to file. Mr.Gosavi appeared for the Petitioner husband. It is a matter of record that the Petitioner and the Respondent were staying under the same roof, when the summons of the proceedings was tried to serve on the Wife. It is also come on record that the summons was served by way of “pesting”. It was the case of the Wife that the summons was never served on her, therefore she was unable to appear in the Court proceedings. The Family Court, Mumbai has come to a conclusion that the summons was not duly served on the Wife. Hence, she was unable to attend the Court proceedings. Accordingly, the Family Court, Mumbai has set aside the exparte judgment and decree.
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order. Hence the Writ Petition is dismissed. There shall be no
order as to costs.
(RAJESH S. PATIL, J.)
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1 issue framed by the court
Whether the Family Court committed perversity in setting aside an ex-parte judgment and decree due to defective service of summons.
1 provisions across 1 enactments
VASANT ANANDRAO IDHOL
Mrs. Sarika S. Malkar
RAJESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
