AI Structured Summary
Not yet generated for this judgment
Judgment
RA No. 26 of 2021 with MA No. 2994 of 2021 :
Delay in filing the review application is condoned, as prayed for. M.A. No. 2994 of 2021 stands disposed of accordingly.
Having heard Shri Swain, learned counsel for the applicant (respondents in OA) in R.A. No. 26 of 2021, prima facie, we are convinced that the order of which review is sought was passed by this Tribunal on 04.10.2021 in M.A. No. 2196 of 2021 on the misapprehension that the ex-parte decree dated 01.02.2020 has been set aside, whereas this is not correct. The order dated 09.09.2021 of the Hon'ble Supreme Court reads as under :
".... In the event the ex-parte decree dated 1st February, 2020 is set aside and the Divorce Petition is restored to its original position for a fresh hearing, then further proceedings in the said petition shall also be conducted before the very same court."
It is, therefore, clear that it is an order which deals with the situation which may arise in case the ex-parte decree is set aside. That being so, the ex-parte decree has not been set aside and the direction to the Family Court is to decide the application under Order 9 Rule 13 of the Code of Civil Procedure, 1908 afresh in accordance with law, however, the ex-parte order has not been set aside. That being so, we find much force in the averments made by Shri Swain.
Even though learned counsel for the respondent (original applicant) tried to argue about the maintainability of this review application, when an error apparent on the face of the record is brought to the notice of the Tribunal, even if the review application is technically not maintainable, suo moto notice on the same can be taken as the error on the part of the Court cannot cause prejudice to any of the parties.
Accordingly, we are not influenced by the objections raised by the counsel for the respondent (original applicant) and we issue Notice to the respondent (original applicant) directing him that the order dated 04.10.2021 passed by us on M.A. No. 2196 of 2021 shall be kept in abeyance till the decision of this review application. Reply, if any, be filed within four weeks from today.
List the matter on 21st January, 2022.
Copy of this order be given Dasti‟.