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2016 Supreme(Jhk) 831

D.N.PATEL, ANANDA SEN
Rajesh Kumar Son of Sri Kailash Prasad Yadav – Appellant
Versus
Indu Devi, wife of Sri Rajesh Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Pankaj Kumar, Advocate.
For the Respondent:Mr. Suraj Kumar, Advocate.

JUDGMENT :

D.N. Patel, J. - This First Appeal has been preferred against the order passed by the learned Principal Judge, Family Court, Ranchi in Misc. Case No. 57 of 2009 dated 17th October, 2012, whereby an application preferred by the respondent for quashing and setting aside ex-prate decree, passed by the learned Principal Judge, Family Court, Ranchi dated 24th August, 2007, was allowed, without there being any application for condoning the delay, preferred by the respondent and without condoning the delay of two years. This is an error apparent on the face of the record which is pointed out by the counsel for the appellant for allowing this First Appeal. It is also submitted by the counsel for the appellant that after the order passed by the learned Principal Judge, Family Court, Ranchi in Matrimonial Title Suit No. 218 of 2006 dated 24th August, 2007, in fact, after 17 months thereafter, this appellant has remarried with another fair lady. Moreover, it is also submitted by the counsel for the appellant that the judgment and decree passed by the learned Principal Judge Family Court, Ranchi in Matrimonial Title Suit No. 218 of 2006 was never ex-parte, because at the relevant tim




















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