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1997 Supreme(Cal) 479

SAMIR KUMAR MOOKHERJEE, YAD RAM MEENA
Pratima Mondal – Appellant
Versus
Dharidnar Mondal – Respondent


Advocates appeared:
Mr. Arabinda Sen and Mrs. Rita, Ganguly for the Appellant.
Mr. Kanak Kumar Ghosh and D. Mondal for the Respondent.

JUDGMENT

1. This is an application for condonation of delay in filing a matrimonial appeal of 197 days. The wife is the applicant before this Court and the decree under appeal is a decree for divorce. It appears that during the continuance of the matrimonial suit, an application Under Section 24 of the Code of Civil Procedure was preferred; on behalf of the wife before the learned District Judge and in connection with the said application, an order for stay of further proceedings was issued by the learned District Judge, limited upto 14.2.97. On the date fixed, the miscellaneous case arising out of the said Section 24 application had stood adjourned; but the records reveal that there was no specific extension of the order of stay. It is the case of the wife before this Court that in view of the earlier order of stay the wife bad an impression that there was no question of final disposal of the matrimonial suit during the pendency of the miscellaneous case. However, because of expiry of the specific time period for which the interim order of stay was operative, the learned Additional District Judge took up the suit for final disposal and disposed of the same by his order, dated 19.3.




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