This appeal challenged an order setting aside the dismissal of a suit. The appellant argued the respondent was not present when the restoration order was passed. The court held the lower court acted correctly by dismissing the suit for lacking specific dates in a family matter, not committing any illegality.
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.
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HI6H COURT OF CHHATrESSARH AT 8ILASPUR
M(M) No. 44/2010
APPELLANT
Non appiicQnt
Smt, Savita Salgotra, wife of Vivek Salgotra aged about 30 years, R/o EWS 414, Vaishaili Nagar, BhiEai District Durg (CS)
VERSUS
RESPONDENT
Vivek Salgotra, son of late Shri ^.D.Salgotra, OQed about 35 years, R/o House No. 2947, Sant Na9ar, Rani Bagh, Shakur Basti, P.S. Ashok Vihar, Delhi 110 034.
APPEAL UNDER SECTION 19 OF THE FAMILY COURTS ACT 1984
Appearance:
Shri H.B. Agrawai, Sr. Advocate with 5mt. Itu Rcuii Mukharjee, counset for the appellant.
Division Bench:-
Hon'bi®Shri T.P. Sharma &
Hon'bi®Shri R.L.Jhanwar.JJ
ORAL ORDER
(05.08.2010)
Per T.P.Sharma. J.
•:"Y A. '^^^w^^^y
Principal Judge, Durg has set aside the order of dismissal of the suit, passed on the ground that respondent has specifically claimed the date, 14.10.2008 and 15.10.2008 and submits that if it is not possible for the Court to give aforesaid dates then the Court may dismiss the petition.
therefore, Coyrt below has allowed the application dnd restored the Suit,
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to be and is herebydismissed.
Sd/-
T.P. Sharma Judge
Sd/-
R.L. Jhanwar Judge
§y^^
2 issues framed by the court
Whether the lower court committed any illegality in dismissing the suit when the respondent requested specific dates for trial.
Whether the dismissal of the suit was appropriate given the court's duty to take a sympathetic view in family matters.
1 provisions across 1 enactments
Smt. Savita Salgotra
Vivek Salgotra
T.P. Sharma
R.L. Jhanwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
