Rajeev Kumar Gandhi vs Madhuri
2021 Latest Caselaw 8160 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2598 of 2021
 

 
Petitioner :- Rajeev Kumar Gandhi
 
Respondent :- Madhuri
 
Counsel for Petitioner :- Dushyant Kumar
 

 
Hon'ble Ajit Kumar,J.

Heard learned counsel for the petitioner and perused the record.

By means of this petition under Article 227 of the Constitution invoking supervisory jurisdiction, the order passed by the Principal Judge, Family Court, Rampur dated 8th January, 2021 allowing the application for setting aside the order of ex parte decree under Order 9 Rule 13 of Code of Civil Procedure, 1908 has been allowed while condoning the delay in filing such application.

In the considered opinion of the Court, the order allowing the restoration application in respect of ex parte decree is a final order as it terminates the proceedings of the miscellaneous case of recall application and, therefore, will be appealable under Section 19 of the Family Courts Act, 1984 in which sub-section (1) of Section 19 of Family Courts Act, 1984 reads as under:-

"19(1). Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law."

In view of the above, the present petition of the petitioner is dismissed with liberty to file appeal under Section 19 of the Family Courts Act, 1984.

Office is directed to return the certified copy of the order impugned, to the petitioner after keeping photocopy of the same on record, within a week.

Order Date :- 16.7.2021

Atmesh