Court No. - 39

Case :- FIRST APPEAL No. - 350 of 2022

Appellant :- Smt. Renu Yadav

Respondent :- Amit Kumar Yadav

Counsel for Appellant :- Abhishek Tiwari

Counsel for Respondent :- Santosh Singh

Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the parties and perused the record.

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 exparte, 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 exparte, it was noted

by the Family Court that the appellant/defendant therein was

not present and no written settlement was filed by her.

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/d