JUDGMENT :

K.R. Mohapatra, J.

This Matrimonial Appeal arises out of order dated 24.12.2011 passed by learned Judge Family Court, Rourkela in C.P.No.114 of 2001 rejecting an Application for condonation of delay (Misc. Case No.23 of 2011) in filing the petition under Order 9 Rule 9, CPC to restore the Civil Proceeding, which was dismissed for default.

2. Civil Proceeding No.114 of 2001 was filed before the learned Judge Family Court, Rourkela by one Smt. Shobha Singh and Sri Santosh Kumar Singh (appellants herein) to get a declaration that the Appellant No.1 is the legally married wife of Appellant No.2. The pleadings in CP No.114 of 2001 reveal that the appellants got married on 24.02.1999 as per the Hindu customs and rites at village Kumei in Jahanabad district of Bihar. Out of their wedlock, they were blessed with two children, a son and a daughter. In the year 1999, while serving at Rourkela, appellant No.2 developed acquaintance with the respondent who was a co-worker. Taking advantage of the situation, the respondent tried to entice appellant No.2 to develop relationship to which appellant No.2 did not succumb. Having failed in all her attempts respondent, namely, Rajana Kumari Si