Saurabh Sharma vs Diksha Sharma
2023 Latest Caselaw 8678 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- MATTERS UNDER ARTICLE 227 No. - 2964 of 2023
 

 
Petitioner :- Saurabh Sharma
 
Respondent :- Diksha Sharma
 
Counsel for Petitioner :- Sanjay Kumar Jaiswal
 

 
Hon'ble Prakash Padia,J.

Heard learned counsel for the petitioner.

The petitioner has preferred the present petition challenging the summon issued by the Principal Judge, Family Court, Allahabad dated 28.2.2023. The aforesaid summons were issued in view of the restoration application filed by the defendant-wife under Order IX Rule 13 of C.P.C. The aforesaid application was filed to recall the judgment and decree dated 7.2.2022.

It is argued by learned counsel for the petitioner that once a decree has been passed with the consent of the parties there is no reason or occasion for the defendant in the suit to file the aforesaid recall application.

After going through the record it transpires that only the summon was issued by the Family Court to the petitioner, to appear in his court in person on 10.4.2023. Hence, this Court is of the opinion the present petition is absolutely premature and the same is liable to be dismissed.

At this stage, a prayer has been made by learned counsel for the petitioner to dismiss the present petition as not pressed.

The prayer so made is allowed.

Accordingly, the present petition is dismissed as not pressed.

It is needless to say that in case the petitioner will appear before the Family Court as per the summon dated 28.2.2023, the court concerned will decide the matter strictly in accordance with law and without influenced by the observations made in the present order.

Order Date :- 23.3.2023

S.K.