JUDGMENT

Dated : 2nd December, 2021

1. This Original Petition has been filed against the order in CMP

1542/2021 for restoring M.C.184/2021 on the file of Judicial First Class Magistrate Court-I, Ottappalam, which was dismissed for default as per the order dated 25.2.2021 (Ext.P3). M.C.184/2020 was filed by the respondents, wife and daughter, of the first petitioner seeking various reliefs under Section 12 of the Act. Petitioners are the respondents in M.C.No.184/2020.

Respondents are the petitioners in the said case.

2. According to the first respondent, wife, M.C.184/2020 was posted to 17.2.2021 and it was not included in the list for calling on that day. Hence, respondent was not aware of the next posting date of the case. It was in the said circumstances, there happened to have no representation on behalf of the respondent and accordingly, the petition was dismissed for default. The petitioner herein filed objection contending that M.C.184/2020 was posted on 16.2.2020, 2.1.2021, 17.2.2021 and 25.2.2021 and there was no representation for the petitioners and hence M.C was dismissed for default. It is also the contention of the petitioner that once the MC is dismissed for default, M