Ruby Kasana vs Manjeet Singh
2023 Latest Caselaw 1525 Del

                          $~14

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          %                                         Judgment delivered on: 29th May, 2023

                                                    MAT.APP.(F.C.) 162/2023

                          +      MAT.APP.(F.C.) 162/2023
                                 RUBY KASANA                                                ..... Appellant

                                                           versus

                                 MANJEET SINGH                                           ..... Respondent
                          Advocates who appeared in this case:
                          For the Appellant:        Ms. Kritika M. Bura, Advocate with
                                                    appellant in person.

                          For the Respondent: Mr. V.S. Dubey, Advocate with respondent in
                                              person.

                          CORAM:-
                          HON'BLE MR. JUSTICE SANJEEV SACHDEVA
                          HON'BLE MR. JUSTICE MANOJ JAIN
                                        JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

CM APPL.29259/2023 (exemption)

Exemption allowed subject to all just exceptions.

MAT.APP.(F.C.) 162/2023 & CM APPL. 29258/2023 (stay)

1. Appellant impugns order dated 11.05.2023 whereby the application filed by the appellant under Order IX Rule 7 CPC seeking setting aside of ex-parte order dated 07.05.2022 has been dismissed.

Signature Not Verified Digitally Signed

Signing Date:01.06.2023 14:56:37

2. Learned counsel for the appellant submits that the appellant had requested her counsel to be diligent in the matter. However, he did not file any written statement. She submits that the respondent has not paid the litigation expenses and has also not even complied with the order for payment of maintenance.

3. Issue notice. Mr. V.S. Dubey, Advocate accepts notice on behalf of the respondent.

4. With the consent of the parties, the appeal is taken up for consideration today.

5. No doubt the record reveals that several opportunities were taken by the appellant to file written statement and for seeking setting aside of the order but these were not availed. However, in the facts and circumstances of the case, since the respondent has not paid the litigation expenses and is also not reportedly regular in payment of the maintenance, we deem it expedient to give one opportunity to the appellant to defend the proceedings and to file written statement.

6. In view of the above, the order dated 07.05.2022 proceeding ex- parte against the appellant and the impugned order dated 11.05.2023 are set aside. Appellant is granted five weeks' time to file written statement from today with advance copy to learned counsel for the respondent who shall file replication, if any, before the next date of hearing.

7. The Family Court is also requested to expedite the proceedings

Signature Not Verified Digitally Signed

Signing Date:01.06.2023 14:56:37 and endeavour to conclude the same expeditiously.

8. Appeal is allowed in the above terms.

9. Order Dasti under the signatures of the Court Master.

SANJEEV SACHDEVA, J

MANOJ JAIN, J MAY 29, 2023 st

Signature Not Verified Digitally Signed

Signing Date:01.06.2023 14:56:37