Sumit Modi D/O Shri Ramniwas Modi vs Smt. Meeta Modi W/O Shri Sumit Modi ...
2022 Latest Caselaw 1324 Raj/2

                                                HIGH COURT OF JUDICATURE FOR RAJASTHAN
                                                            BENCH AT JAIPUR

                                                 D.B. Civil Misc. Restoration Application No. 46/2020
                                                                              In
                                                   D.B. Civil Miscellaneous Appeal No. 4810/2019
                                   Sumit Modi D/o Shri Ramniwas Modi, Aged About 45 Years, R/o Modi
                                   House, Gumanpura, Kotadi Road, Kota (Raj) Presently Residing At G-
                                   209-A, Road Number-5 IPIA, Kota (Raj)
                                                                                                          ----Petitioner

                                                                           Versus
                                   1.          Smt. Meeta Modi W/o Shri Sumit Modi D/o Rajkumar Ji Bansal,
                                               Aged About 44 Years, R/o Modi House, Kotadi Road,
                                               Gumanpura, Kota (Raj)
                                   2.          Aashi Modi D/o Shri Sumit Modi, Aged About 21 Years, R/o Modi
                                               House, Kotadi Road, Gumanpura, Kota (Raj)
                                   3.          Stooti Modi D/o Shri Sumit Modi, Aged About 19 Years, R/o
                                               Modi House, Kotadi Road, Gumanpura, Kota (Raj)
                                                                                                        ----Respondents

For Petitioner(s) : Mr. Mukesh Sharma, Advocate through VC

HON'BLE MR. JUSTICE MANINDRA MOHAN SHRIVASTAVA HON'BLE MR. JUSTICE ANOOP KUMAR DHAND Judgment / Order

07/02/2022

Overruling various objections and defects, which have been pointed

out by the registry, taking into consideration the affidavit which has been

filed by the learned counsel stating the reasons why he could not appear

in the case when called up for hearing, in order to afford the parties an

opportunity to contest the matter on merits, considering the present to

be a case arising out of matrimonial dispute, we allow the application and

the order of dismissal of appeal for want of prosecution is recalled and

the appeal is restored to its original number, subject to payment of cost

of Rs.500/- to be deposited with the Legal Services Authority of the High

Court.

(ANOOP KUMAR DHAND),J (MANINDRA MOHAN SHRIVASTAVA),J

Mohita /4

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