This order condones a 17-day delay in filing a civil miscellaneous appeal and dismisses the appeal against an order setting aside an ex parte family court decree due to faulty service of notice.
Application for condonation of delay allowed; Civil Miscellaneous Appeal dismissed.
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.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Misc. Appeal No. 2146/2018
Subhash S/o Shri Syoram, Aged About 31 Years, B/c Jaat, R/o Ninan, Tehsil Bhadra.
----Appellant
Versus
Saroj @ Maina W/o Subhash, Aged About 30 Years, D/o Shri Nihar Singh, B/c Jaat, R/o Village Bhodiya Kheda, Tehsil And District Fatehabad (Haryana)
----Respondent
For Appellant(s) : Mr. J.S. Khichi For Respondent(s) : Mr. Sunil Bishnoi
HON'BLE THE CHIEF JUSTICE PRADEEP NANDRAJOG HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
Order
05/12/2018
CIVIL MISC. APPLICATION NO. 1/18
(2 of 2)
[CMA-2146/2018]
serve a notice of the petition she refused to accept the same. 3. Case of the respondent was that no Process Server ever visited her and thus there was no occasion for her to refuse service of the notice.
(Dr.PUSHPENDRA SINGH BHATI),J (PRADEEP NANDRAJOG),CJ
5-Anil/-
3 issues framed by the court
Whether the delay in preferring the appeal should be condoned.
Whether the impugned order setting aside the ex parte decree should be affirmed.
Whether there is any infirmity in the order allowing the respondent to set aside the ex parte decree.
Subhash S/o Shri Syoram
Saroj @ Maina W/o Subhash
Pradeep Nandrajog
Pushpendra Singh Bhati
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
