Nadeem Ansari vs Saba Khan
2024 Latest Caselaw 27664 MP

Madhya Pradesh High Court

Nadeem Ansari vs Saba Khan on 1 October, 2024

                                                          1                            MA-7288-2024
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                   MA No. 7288 of 2024
                                                 (NADEEM ANSARI Vs SABA KHAN )



                           Dated : 01-10-2024
                                 Shri Alok Kumar Dwivedi - advocate for the appellant.

                                 Subject appeal has been filed by the appellant impugning order
                           dated 27.08.2024, whereby the application filed by the respondent under

Order 9 Rule 13 of CPC has been allowed. Subject appeal has been filed

under Order 43 Rule 1(d) of the CPC.

In terms of Order 43 Rule 1(d) CPC an appeal would lie only in case the application under Order 9 Rule 13 has been rejected. Reference may be had to Section 19 of the Family Courts Act, 1984 which provides that an appeal shall lie from every judgment and order not being an interlocutory order of a Family Court to the High Court. Since the application under Order 9 and Rule 13 has been allowed and an ex-parte decree has been set aside, an appeal would lie under Section 19 of the Family Courts Act. In terms of Sub Section 6 of Section 19, an

appeal preferred under Sub Section (1) of Section 19 shall be heard by a Bench consisting of two or more judges. Consequently, we direct that this appeal be registered as a First Appeal under Section 19 of the Family Courts Act, 1984.

Necessary amendment be carried out by the appellant in the memo of appeal.

2 MA-7288-2024 On appellant taking steps, issue notice to the respondent, returnable after four weeks.

                              (SANJEEV SACHDEVA)                       (VINAY SARAF)
                                     JUDGE                                 JUDGE


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