High CourtsDivision Bench(2021) 11 JH CK 0007

Smriti Pandey@ Mishra vs Manish Mishra

Jharkhand High Court · Decided on 18 November 2021

HON’BLE JUDGES
Aparesh Kumar Singh, J · Anubha Rawat Choudhary, J
CASE NUMBER
First Appeal No. 7 Of 2021

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Judgment

4 paragraphs · 168 words

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1.

Learned counsel for the appellant Mr. Ankur Anand prays for adjournment to examine the legal issue whether, after rejection of an application under Order IX Rule 13 of Code of Civil Procedure seeking restoration of the Original Suit being M.T.S. No. 224/2017 decided ex-parte against the appellant, appellant has a remedy to again challenge the ex-parte judgment dated 22.06.2017 and decree passed in the said suit by the learned Principal Judge, Family Court, Ranchi? Be it noted that an application under Order IX Rule 13 of the Code of Civil Procedure in Civil Miscellaneous Case No. 10/2019 was preferred after the First Appeal No. 113/2018 was disposed of on 17th December 2018 with liberty to the appellant to avail of the remedy under Order IX Rule 13 of Code of Civil Procedure.

2.

Learned counsel for the respondent submits that he would also seek instruction whether, the respondent has entered into marriage after ex-parte decree of divorce.

3.

Let the case be listed after two weeks.