Smriti [email protected] Mishra vs Manish Mishra
2021 Latest Caselaw 4282 Jhar

                IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                   First Appeal No. 7 of 2021

            Smriti [email protected] Mishra                   ---         --- Appellant
                                             Versus
              Manish Mishra                         ---         --- Respondent
                                               ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mrs. Justice Anubha Rawat Choudhary Through: Video Conferencing

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For the Appellant: Mr. Ankur Anand, Advocate For the Respondent: Mr. Rohit Ranjan Sinha, Advocate

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06 / 18.11.2021 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 17 th 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.

(Aparesh Kumar Singh, J)

(Anubha Rawat Choudhary, J) Ranjeet/