Rajesh Ram vs Nirmala Devi
2022 Latest Caselaw 786 Jhar

           IN THE HIGH COURT OF JHARKHAND AT RANCHI
                      (Civil Appellate Jurisdiction)
                            First Appeal No. 10 of 2020
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Rajesh Ram                                                      ...      ...Appellant
                                    Versus
Nirmala Devi                                                   ... ... Respondent

CORAM: HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR HON'BLE MR. JUSTICE RATNAKER BHENGRA (Through V.C.)

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For the Appellant : Mr. Lukesh Kumar, Advocate

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Order No.12/ Dated: 2nd March 2022

Mr. Lukesh Kumar, the learned counsel for the appellant, submits that in the proceeding of Original Suit No. 182 of 2019 the respondent did not appear and the suit was dismissed ex-parte.

2. This First Appeal was filed on 22nd January 2020 and a notice was issued to the respondent on 30th June 2021.

3. However, no one appeared for the respondent even after lapse of about three months and, therefore, the following order was passed by this Court on 23rd September 2021:

"It appears from the office note that speed post has been delivered, but neither signed A/D nor undelivered registered cover has been received as yet. Respondent has also not entered appearance till date.

2. Respondent being a lady, may be in need of legal aid as she also falls within the definition of 'person' under section 12(c) of Legal Services Authority Act, 1987. As such, Secretary, DLSA, Dhanbad is directed to inquire, whether she is in need of legal aid. If she is in need of legal aid, her application be forwarded forthwith to the Secretary, High Court Legal Services Committee for the needful. On receipt of such application, Secretary, High Court Legal Services Committee would process it in accordance with law. Details of her name and address along with the copy of the impugned judgment containing the suit no., concerned Family Court at Dhanbad, etc. be communicated to the Secretary, DLSA, Dhanbad. Let such report be furnished within a period of three weeks.

3. Let the case be listed in the week of 18th October 2021."

4. Pursuant to the order dated 23rd September 2021, a report was submitted by the Secretary, DLSA, Dhanbad indicating that the respondent

does not want to appear in the Court nor she has engaged any counsel to represent her in the present First Appeal.

5. This First Appeal was admitted on 26th October 2021 by the said order.

6. Mr. Lukesh Kumar, the learned counsel for the appellant, seeks four weeks' time for preparing short synopsis, list of dates and notes of arguments.

7. Xerox copy of the lower Court records have been received.

8. In the aforesaid circumstances, we are inclined to take assistance of a counsel on the legal issues involved in the present First Appeal.

9. In the aforesaid circumstances, reserving a liberty with the respondent for engaging a counsel of her own choice, Mr. A. K. Das, the learned counsel, is appointed Amicus in this matter.

10. Registry shall provide a complete set of paper book along with all the necessary documents to the learned Amicus within four weeks.

11. Post this matter on 11th April 2022.

12. Let the Registry intimate the respondent about the next date of hearing.

(Shree Chandrashekhar, J.)

(Ratnaker Bhengra, J.) RKM/Tanuj