Ganesh Chandra Jha v. Kiran Devi
Case brief
What is this about?
MA No.553 of 2023, Patna High Court, decided 05-12-2025 (Bibek Chaudhuri, J; Dr. Anshuman, J). Miscellaneous appeal against dismissal of suit for non-prosecution/default by Principal Judge, Family Court, Madhubani dismissed as not maintainable: no judgment or order passed, so Section 19(1) Family Courts Act inapplicable. Remedy: application before Family Court to set aside dismissal, with Section 5 Limitation Act condonation of delay; appellant deemed to have diligently pursued appeal in wrong forum; order and Lower Court Record sent to Principal Judge, Madhubani. No precedents cited; no monetary relief.
What did the court decide?
Appeal dismissed as not maintainable; appellant left at liberty to file an appropriate application before the learned Principal Judge, Family Court, Madhubani alongwith an application under Section 5 of the Limitation Act; the Principal Judge directed to decide condonation of delay considering the appellant diligently pursued the appeal in a wrong forum; copy of the order to be sent to the learned Principal Judge, Family Court at Madhubani alongwith the Lower Court Record.