IN THE HIGH COURT OF JHARKHAND AT RANCHI
SANJAY KUMAR DWIVEDI
Anil Kumar Choudhary, Son of Late Ram Chandra Prasad Shah – Appellant
Versus
Poonam Jaishwal, Wife of Anil Kumar Choudhary – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
Heard Mr. P.P.N. Roy, learned senior counsel appearing for the petitioner and Ms. Amrita Sinha, learned counsel appearing for the sole opposite party.
2. This petition has been filed under Article 227 of the Constitution of India, wherein prayer has been made for setting aside the orders dated 12.10.2022 and 13.03.2024, passed in Civil Miscellaneous Case No. 23 of 2022, by the learned Principal Judge, Family Court, Jamshedpur, by which, the learned court has been pleased to admit the petition filed under Order-IX rule-13 read with Section 151 of the CPC by the sole opposite party and condone the limitation by the said orders, in view of that the aforesaid two orders are under challenge herein.
3. Mr. Roy, learned senior counsel appearing for the petitioner submits that the petitioner herein instituted a suit, being Matrimonial Suit No. 64 of 2015 for dissolution of marriage before the learned Principal Judge, Family Court, East Singhbhum at Jamshedpur against the sole opposite party filed under Sections 13(1)(i-a)(1-b) of the HINDU MARRIAGE ACT . He submits in that case, the notices were sent to the sole opposite party through the post and paper pu
Lallan Rai & Ors. Versus State of Bihar
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The court reaffirmed that substituted service under the Code of Civil Procedure does not constitute adequate service, necessitating substantiation of claims in applications for condonation of delay.
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