JUDGMENT :

Das, J. - This petition arise's out of a proceeding u/s 488, Code of Criminal Procedure.

2. The Petitioner is the wife of the opposite party. The parties are Christians and were married in the year 1951. The Petitioner filed a petition u/s 488, Code of Criminal Procedure (Misc. Case No. 20 of 1960) in the court of the Sub-divisional Magistrate, Cuttack, claiming maintenance with effect from 8-7-1960. After several adjournment the case was posted to 8-9-1962 for hearing. In the meanwhile, the opposite party filed a petition for adjournment under intimation to the Petitioner. This led the Petitioner not to be present on the date of hearing, and in the absence of the Petitioner the case was dismissed for default. Having come to know of the dismissal of the case as a result of the misrepresentation of the opposite party, the Petitioner on the very day filed a petition to recall the order of dismissal and the case was restored on the same day. On 15-12-1962 the opposite party again failed to appear and ex parte evidence was recorded on that day and the case stood adjourned to 15-2-1963 for further evidence. The opposite party made an application on that day contending that the