Suman Sharma vs Sanjay Sharma
2021 Latest Caselaw 2257 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                   (Civil Miscellaneous Appellate Jurisdiction)
                           M.A. No. 71 of 2019
                                ......

       Suman Sharma                                      ...... Appellant
                                 Versus
       Sanjay Sharma                                     ......Respondent

       CORAM:        HON'BLE MR. JUSTICE KAILASH PRASAD DEO
                     (Through : Video Conferencing)
       For the Appellant                 : Mr. Awanish Shekhar, Advocate
       For the Respondent                :
                                         ..........
04/Dated: 07/07/2021.

Heard, learned counsel for the appellant, Mr. Awanish Shekhar. Learned counsel for the appellant has submitted that instant Miscellaneous Appeal has been filed against the judgment dated 16.01.2019 passed by learned Principal Judge, Family Court, Deoghar in Civil Misc. No.5 of 2017 whereby the application filed by the petitioner, Suman Sharma under order 9 Rule 13 CPC against her husband/respondent, Sanjay Sharma for setting aside the ex-parte judgment / decree of the learned predecessor court, whereby their marriage was dissolved by a decree of divorce has been dismissed.

Learned counsel for the appellant has further submitted that under confusion the instant Miscellaneous Appeal has been filed though it ought to have been filed as First Appeal, but there shall be limitation, as such, this appeal may be converted into First Appeal.

Considering the same, learned counsel for the appellant is permitted to make necessary correction in the nomenclature of the case.

The appellant shall take recourse within a period of four weeks from today.

(Kailash Prasad Deo, J.) R.S.