Jyoti Devi vs Bijay Kumar Rajak
2022 Latest Caselaw 101 Jhar

              IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                         First Appeal No. 328 of 2019

              Jyoti Devi                              ---          ---     Appellant
                                                Versus
               Bijay Kumar Rajak                      ---          ---     Respondent
                                                  ---

CORAM: Hon'ble Mr. Justice Aparesh Kumar Singh Hon'ble Mr. Justice Deepak Roshan Through: Video Conferencing

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For the Appellant: Mr. Niranjan Singh, Advocate For the Respondent: None

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11 / 11.01.2022 Respondent has not entered appearance despite valid service of notice and indulgence granted on 22.12.2021.

2. We have considered the submission of learned counsel for the appellant Mr. Niranjan Singh on the prayer for condonation of delay of 313 days in preferring the instant Memo of Appeal made through I.A. No. 6505/2020.

3. Learned counsel for the appellant submits that after she came to know of the ex-parte judgment and decree on 25.03.2019, appellant / defendant approached the plaintiff for payment of arrears of maintenance amount. She obtained two sets of certified copy of the judgment and decree on 30.03.2019. Thereafter, she arranged money from her relatives and consulted different Advocates for filing appeal. Finally, documents were handed over to the learned counsel (now deceased) for filing appeal. However, after coming to know of his death, she rushed to Ranchi and after obtaining file from the office of late counsel Rajesh Kumar, file was handed over to the present counsel. Appeal has been filed thereafter on 21.12.2019 after delay of 313 days which has been properly explained. Delay is not intentional. If it is not condoned, appellant may suffer irreparably since ex-parte decree of divorce has been granted in favour of the plaintiff/Respondent.

4. On consideration of the submission of learned counsel for the appellant, and on being satisfied with the grounds taken, delay is condoned. I.A. stands disposed of.

5. Admit.

6. Call for the lower court records in connection with Original Suit No. 155/2018 from the court of learned Additional Principal Judge, Additional Family Court, Dhanbad.

7. Matter be listed under the heading for hearing, on receipt of lower court records, as per its age.

(Aparesh Kumar Singh, J)

(Deepak Roshan, J) Ranjeet/