Smt.Rekha vs Dashrath
2023 Latest Caselaw 3132 MP

                                                               1
                            IN      THE       HIGH COURT OF MADHYA PRADESH
                                                    AT INDORE
                                                         BEFORE
                                           HON'BLE SHRI JUSTICE PRANAY VERMA
                                                ON THE 21 st OF FEBRUARY, 2023
                                                  MISC. APPEAL No. 446 of 2023

                           BETWEEN:-
                           SMT.REKHA W/O DASHRATH YADAV, AGED ABOUT 36
                           YEARS, R/O RAKESH BHAWAN, YADAV COLONY, RAJ
                           NAGAR, RAJSAMAND (RAJASTHAN)

                                                                                            .....APPELLANT
                           (BY SHRI RAJOO K. PANDAGRE - ADVOCATE)

                           AND
                           DASHRATH S/O RAGHUVIRSINGH YADAV, AGED
                           ABOUT    39     YEARS, OCCUPATION: SERVICE,
                           RADHAKRISHNA MANDIR KE PASS, YADAV MANDI,
                           NEEMUCH CITY, NEEMUCH (MADHYA PRADESH)

                                                                                          .....RESPONDENT
                           (NONE)

                                 This appeal coming on for admission this day, th e court passed the
                           following:
                                                                ORDER

1. This appeal has been preferred against the order dated 21.12.2022 passed by the Family Court whereby an application under Order 9 Rule 13 of the CPC filed by the appellant for setting aside of the ex parte judgment and decree has been rejected.

2. Under Section 19 of the Family Court Act, 1984 an appeal shall lie to the High Court against every order passed by the Family Court under that provision. Thus this appeal under Order 43 Rule 1(u) of the CPC is not maintainable and a regular First Appeal under Section 19 (2) of the Family Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 27-02-2023 14:42:18

Court Act would be maintainable.

3. Learned counsel for the appellant prays for conversion of this appeal into a First Appeal under Section 19 (1) of the Family Court Act.

4. Prayer is allowed and this appeal under Order 43 Rule 1 (u) of the CPC is directed to be converted into a First Appeal under Section 19 (1) of the Family Court Act.

5. Necessary amendment be carried out by the office within a period of 10 days and thereafter the First Appeal be listed for hearing before the appropriate Bench.

6. This Miscellaneous Appeal is accordingly disposed off.

(PRANAY VERMA) JUDGE ns

Signature Not Verified Signed by: NEERAJ SARVATE Signing time: 27-02-2023 14:42:18