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2022 Supreme(All) 1677

SUNITA AGARWAL, SADHNA RANI (THAKUR)
Renu Yadav – Appellant
Versus
Amit Kumar Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Abhishek Tiwari.
For the Respondent: Santosh Singh.

JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. This appeal is directed against the order dated 09.03.2022 passed by the Family Court, Gautam Buddh Nagar for rejection of the applications 17-Ga-2 & 19-Ga-2, the application under Section 5 of the Limitation Act accompanied with the application under Order 9 Rule 7 of the Code of Civil Procedure for recall of the order dated 03.04.2019 to proceed with the suit ex-parte, on account of non appearance of the appellant/defendant on the date fixed before the Family Court. In the order dated 03.04.2019 to proceed ex-parte, it was noted by the Family Court that the appellant/defendant therein was not present and no written settlement was filed by her.

3. A perusal of the order sheet of the Family Court brought on record by means of the supplementary affidavit filed today indicates that on the presentation of the suit on 10.09.2018, the plaintiff/defendant was directed to take steps for service of summons upon the defendant. On the next date fixed, further time was granted to do pairvi within seven days and 14.01.2019 was fixed for written statement. The appellant herein/defendant/wife had put in appearance before

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