Dismissed

Amitap Shrivastav v. Ku. Mitanshi Shrivastav

Chhattisgarh HC6 Mar 2019WP227/169/2019

Case brief

AI extract

What is this about?

This is an order from the Chhattisgarh High Court dismissing a writ petition. The petitioner challenged an order setting aside an ex-parte proceeding. The High Court held the Family Court was justified in entertaining the respondents' application by granting them leave to appear, and dismissed the petition.

What did the court decide?

The writ petition was dismissed; no costs awarded.

Amitap Shrivastav Vs Ku. Mitanshi… — Civil Procedure and Limitation | Chhattisgarh HC (2019)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No.169 of 2019

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Amitap Shrivastav Aged About 50 Year S/o Shri V.P. Shrivastav, R/o Club Chowk, Near Shitala Mandir Basantpur, Ward No. 43, Rajnandgaon Tahsil And District Rajnandgaon Chhattisgarh

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---- Petitioner

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Versus

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Ku. Mitanshi Shrivastav Aged About 5 Years D/o Amitap Shrivastav, Through Guardian And Mother Smt. Laxmi Shrivastav (Ramtake) Aged About 47 Years, W/o Amitap Shrivastav, Permanent R/o Club Chowk, Near Shitla Mandir Basantpur, Ward No. 43, Rajnandgaon Tahsil And District Rajnandgaon Chhattisgarh

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Smt. Laxmi Shrivastav (Ramtake) W/o Amitap Shrivastav Aged About 47 Years Permanent R/o Club Chowk, Near Shitla Mandir Basantpur, Ward No. 43, Rajnandgaon, Tahsil And District Rajnandgaon Chhattisgarh. Temporary Add. - Enlivenment Employee District And Sessions Court Janjgir, Tahsil Janjgir District Janjgir Champa Chhattisgarh

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---- Respondents

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For Petitioner : Mr.Rakesh Thakur, Advocate

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Hon'ble Shri Justice Sanjay K. Agrawal

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Order on Board

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06/03/2019

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Heard on admission of the writ petition.

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By the impugner order, the defendants application for setting aside

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ex-parte proceeding against them on 4.12.2018 has been allowed and ex-parte order against them has been set aside, against which, this writ petition has been filed.

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Mr.Rakesh Thakur, learned counsel for the petitioner/plaintiff, would submit that the Family Court is absolutely unjustified in setting aside ex-parte order without leave of the Court as counsel on behalf of the

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respondents/defendants has appeared and filed an application which has been entertained. Therefore, the order is illegal and bad in law.

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I have heard learned counsel for the petitioner and considered his submission and also went through the records with utmost circumspection.

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The Family Court has considered the application filed by counsel of the respondents/defendants and also allowed the petitioner to file objection and after considering the objection, the Family Court has entertained the application filed by counsel of the respondents/defendants, which amounts to granting leave to assist the Court under Section 13 of the Family Courts Act, 1984, therefore, it cannot be held that the Family Court is unjustified in entertaining the application filed by learned counsel for respondents No.1 and 2. Further, the Family Court has found good cause for setting aside ex-parte order against the respondents/defendants, in which I do not find any illegality or perversity.

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Accordingly, the writ petition being devoid of merit is liable to be and is hereby dismissed. No cost(s). A copy of this order be sent to the concerned Family Court by E-mail/fax expeditiously.

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Sd/-

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(Sanjay K.Agrawal) Judge

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B/-

Amitap Shrivastav v. Ku. Mitanshi Shrivastav

Case brief

What is this about?

What did the court decide?

Amitap Shrivastav v. Ku. Mitanshi Shrivastav

Case brief

What is this about?

What did the court decide?

What the court decided

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