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2022 Supreme(Chh) 98

GOUTAM BHADURI, RAJANI DUBEY
Sharda Prasad Jaiswal – Appellant
Versus
Usha Jaiswal – Respondent


Advocates Appeared:
For the Appellant : Mr. Achyut Tiwari.
For the Respondent: Mr. Sunil Sahu.

JUDGMENT :

Rajani Dubey, J.

1. Heard on IA No.1/2020, application for condonation of delay in filing the appeal.

2. The appellant has preferred the present appeal under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 20.10.2015 (Annexure-A/1) passed by the learned Family Court, Korba in Civil Suit No.62-A/2008, whereby the learned Family Court has rejected the suit for divorce filed by the appellant husband.

3. The appellant has filed this application (IA No.1) for condonation of delay caused in filing the instant appeal on the ground that he filed a suit for divorce against his wife, which was dismissed by the learned Family Court vide judgment and decree dated 20.10.2015, but since his local counsel did not inform him about the said judgment and decree and thereafter also when he approached the counsel at Bilaspur for filing of an appeal, but unfortunately he died, therefore, the appeal could not be filed within limitation.

4. Learned counsel for the appellant submits that the impugned judgment and decree was passed on 20.10.2015 vide Annexure-A/1, but the same was not informed to the appellant by his local counsel and when the appellant contacted the C

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