A writ petition challenging a Family Court order setting aside an ex-parte proceeding was dismissed. The court held that the Family Court had granted leave to file objections, appreciating the law and facts.
Petition dismissed; no cost. Order sent to Family Court by E-mail/fax.
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WP227 No.170 of 2019
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
---- Petitioner
Versus
---- Respondents
For Petitioner : Mr.Rakesh Thakur, Advocate
Hon'ble Shri Justice Sanjay K. Agrawal
Order on Board
06/03/2019
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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.
5. 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 authorized by 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.
6. 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.
Sd/-
(Sanjay K.Agrawal) Judge
B/-
1 issue framed by the court
Whether setting aside an ex-parte order without leave of court by the Family Court constitutes illegality or perversity?
Amitap Shrivastav
Ku. Mitanshi Shrivastav
Smt. Laxmi Shrivastav
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
