The court allows for the setting aside of an ex-parte order under lawful representation despite prior dismissals.

J U D G M E N T

This original petition has been filed by the respondent in M.C.No. 98 of 2023 through his power of attorney holder to give a direction to the Family Court, Thalassery to accept the power of attorney and permit him to defend the case.

2. I have heard the power of attorney holder of the petitioner, who appeared in person.

3. I have called for a report from the learned Judge, Family Court, Thalassery, who reported that CMP No. 831 of 2024 filed by the petitioner to allow his power of attorney holder to represent him in the case and CMP 833 of 2024 filed by the power of attorney holder to accept the power of attorney were dismissed for default. Subsequently, the petitioner was set ex-parte and the MC itself was allowed directing the petitioner to pay maintenance to the respondent No.1. In these circumstances, the prayer in this original petition has become infructuous. However, the petitioner shall be at liberty to file an application through his power of attorney holder to set aside the ex-parte order before the Family Court, Thalassery. If such an application is filed, the Familly Court is directed to dispose of the same in accordance with law.

4. The power of attorney holder of the petitioner, who appeared in person, submitted that even though he has filed a copy application to get the copy of the ex-parte order in MC, that has not been served so far. If such an application is filed, the petitioner shall be issued with the certified copy, in accordance with law.

The original petition is disposed of as above.