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2013 Supreme(All) 790

VINAY KUMAR MATHUR
Satya Bhama Mishra And Ors. – Appellant
Versus
Kamlapati Devi and Ors. – Respondent


Advocates:
For the Petitioner: Anurag Shukla
For the Respondent: Pradeep Kumar Shukla,Manoj Kumar Mishra

Vinay Kumar Mathur,J.:-

I have heard learned counsel for the revisionists and learned counsel for respondent No. 1 and perused the record.

2. The instant civil revision under Section 115 C.P.C., is directed against the order of Additional District Judge, Court No. 6, Barabanki passed in Misc. Case No. 77 of 2000 (Smt. Kamlapati Vs. Raghvendra and others) whereby application 3-A under Order 9 Rule 13 C.P.C. read with Section 5 of the Limitation Act of applicant/respondent No. 1 has been allowed and the ex-parte judgment and decree dated 22.03.1984 passed in Original Suit No. 18 of 1984 (Kamla Prasad Mishra Vs. Kamlapati Devi) has been set aside and the case has been restored to its original number.

3. Brief facts giving rise to the instant revision are that Late Dr. Kamla Prasad filed a petition under Section 13 of Hindu Marriage Act for dissolution of his marriage with respondent No. 1 in the Court of Civil Judge (Senior Division), Barabanki contending that he was married to respondent No. 1 in 1954 and out of this wedlock three children Raghvendra (respondent No.2), Rabindra Prasad (respondent No. 3) and a daughter Riya were born. The father of the respondent No. 1 had made a gift of
















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