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2019 Supreme(All) 1579

SUDHIR AGARWAL, RAJEEV MISRA
Saroj Singh Chauhan – Appellant
Versus
Arvind Kumar Chauhan – Respondent


Advocates Appeared:
Triloki Nath, Adv., T.N. Tiwari, Adv.

JUDGMENT :

Rajeev Misra, J.

These are two Defendants' First Appeals filed under Section 19 of Family Courts Act 1984 (hereinafter referred to as Act,1984).

2. First Appeal No. 737 of 2017( Smt. Saroj Singh Chauhan Vs. Arvind Kumar Chauhan) has been filed challenging judgement dated 25.07.2017 and decree dated 23.08.2017 passed by Principal Judge, Family Court, Varanasi in Misc. Case No. 77 of 2008 (Saroj Vs. Arvind) in Marriage Petition No.565 of 2007 (Arvind Kumar Chauhan Vs. Saroj Singh Chauhan) whereby and where-under application dated 03.10.2008 (Paper No. 4Ga) filed by Defendant-Appellant (hereinafter referred to as 'Appellant') under Order IX Rule13 C.P.C. for recall of exparte judgement dated 08.05.2008 and decree dated 04.08.2008, respectively has been rejected.

3. First Appeal No. 672 of 2018 (Smt. Saroj Singh Chauhan Vs. Arvind Kumar Chauhan) has been filed challenging exparte judgement dated 08.05.2008 as well as decree dated 04.09.2008 passed by Principal Judge, Family Court, Varanasi in Marriage Petition No.565 of 2007 (Arvind Kumar Chauhan Vs. Saroj Singh Chauhan) whereby Court below has allowed Marriage Petition filed by plaintiff-respondent (hereinafter referred to as '

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