JUDGMENT :

1. Heard Sri Srijan Mahrotra, learned counsel for the applicant-defendant-appellant / wife and Sri Anil Sharma, learned Senior Advocate assisted by P.K. Rai, learned counsel for the plaintiff-respondent / husband.

2. This appeal has been filed praying to set aside the judgement and order dated 11.04.2008 in Misc. Case No. 105 of 1999 (Smt. Usha Kiran Rai vs. Umesh Chandra Rai and others) arising from H.M. Petition No. 361 of 1998 (Umesh Chandra Rai vs. Smt. Usha Kiran Rai) passed by the Principal Judge, Family Court, Varanasi, whereby the application 3-C under Order IX Rule 13 of C.P.C. filed by the applicant-appellant / wife for recalling of the judgement and decree passed in H.M. Petition No. 361 of 1998 dated 31.05.1999, has been rejected.

3. Original record of the court below relating to afore-noted cases have been received and notified in this Court on 14.12.2018 but the parties have not yet filed paper book.

4. Both the parties have perused the record of the court below and with the consent of learned counsel for the parties, this appeal is being finally heard without paper book.

Facts :

5. Briefly stated the facts of the present case are that the appellant herein and th