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2019 Supreme(Del) 2089

PRATHIBA M SINGH
Shyamji Mehrotra – Appellant
Versus
Shipra Mehrotra – Respondent


Advocates:
Advocate Appeared:
Geeta Mehrotra, Adv.

JUDGMENT :

PRATHIBA M. SINGH, J.

CM APPL. 39814/2019(for exemption)

1. Allowed, subject to all just exceptions. Application is disposed of.

CM (M) 1315/2019 & CM APPL. 39813/2019

2. The present petition challenges the order dated 7th August, 2019 by which the objections on behalf of the Petitioner filed under Section 47 CPC have been rejected with the following observations:

    "Today matter is listed for disposal of objections filed under Section 47 CPC filed on behalf of JD. However, perusal of objections shows that same has neither been signed by JD nor his affidavit has been filed with the objections. The objections has been signed by his advocate only who has also filed her own affidavit, claiming herself to be sister of JD.

The objections under Section 47 CPC has not been filed by the JD, therefore same are not maintainable on the technical ground itself. The objections are thus dismissed.

JD is directed to make payment of entire amount due and recoverable against him before next date of hearing, failing which, necessary action shall be taken against him."

3. Smt. Shipra Mehrotra Respondent herein, had filed a petition against her husband Shri Shyamji Mehrotra i.e. Petitioner herein unde

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