The main legal point established in the judgment is that the failure to establish sufficient cause for not appearing in court, and the failure to file an application within the prescribed period of limitation, can result in the rejection of an application to set aside an ex-parte judgment and decree.

JUDGMENT :

Manindra Mohan Shrivastava, J.

1. This appeal is directed against order dated 24th October 2019 passed by the Family Court, Ambikapur, District-Sarguja in Miscellaneous Case No. 21 of 2018, by which respondent's application for setting aside ex-parte judgment and decree has been allowed and ex-parte judgment and decree dated 21st March 2018, passed in favour of the appellant, has been set aside.

2. Appellant-husband moved an application for grant of decree of divorce before the Family Court. Summons were issued to respondent-wife. She was served and after service, she appeared and applied for grant of permission to engage Amicus Curiae. Prayer was allowed and respondent was allowed to be represented through Amicus Curiae vide order dated 23.6.2017. Respondent filed objection with regard to territorial jurisdiction. When the case was listed for hearing on that application on 6.1.2018, no representation was made, therefore, the Family Court proceeded ex-parte. On that day itself, an application for setting aside ex-parte order was filed by the respondent through the Amicus Curiae. The application was directed to be listed on 31.1.2018. On that day, no representation was made by the respondent through her counsel nor respondent appeared. The application was rejected and the Family Court proceeded. After recording evidence, ex-parte judgment and decree was passed on 21.3.2018.

Later on, respondent moved an application for setting aside ex-parte judgment and decree stating that she was being represented through her counsel in the proceedings. She had approached the Supreme Court against proceedings drawn by the Family Court in which an interim order was passed on 22.3.2018 staying further proceedings. When she appeared before the Family Court to submit the copy of order passed by the Supreme Court on 24.4.2018, she came to know about the ex-parte judgment and decree, whereafter, she obtained certified copy of the judgment and decree and filed application for setting aside ex-parte judgment and decree. The application was allowed, giving rise to present appeal.

3. Learned counsel for the appellant-husband submits that the learned Court below committed gross illegality in allowing respondent's application for setting aside ex-parte judgment and decree even though no sufficient cause could be established by the respondent. He would submit that even on respondent's own showing, she was served with the summons and was being represented through counsel. After having moved application raising objection to the maintainability of the proceedings, neither respondent appeared nor the counsel engaged by her regularly appeared. The respondent and her counsel both had full notice and knowledge of order dated 6.1.2018 because on that very day, application for setting aside ex-parte order was moved by respondent counsel. When this application was listed on 31.1.2018, again, no representation was made despite notice and knowledge of the date of hearing. The application was rejected on 31.1.2018 and against the same, no proceedings were taken. Even when, later on, evidence was recorded and the case was listed for final arguments, despite notice and knowledge, no care was taken to appear in the Court and contest the case and in this manner, the respondent and her counsel remained negligent. It is also submitted that the learned Family Court passed ex-parte judgment and decree dated 21.3.2018. As the respondent was duly served and represented through counsel, knowledge is to be attributed to both of them and, therefore, application for setting aside ex-parte judgment and decree was required to be filed within 30 days as per the law of limitation. The application for grant of divorce was filed by the appellant-husband on 11.5.2018. The appellant contacted second marriage on 26.8.2018 which was duly registered on 15.10.2018. Thus, without there being any sufficient cause, learned Court below mechanically allowed the application for setting aside e