JUDGMENT

A.M.Shaffique, J This appeal is filed against an order of the Family Court by which an application to set aside the exparte decree with a petition to condone the delay of 114 days was dismissed on the ground that there is no valid explanation or sufficient cause to condone the delay.

2. The Family Court found that notice was served on the appellant. This fact is not disputed as well. The contention urged by the appellant is that he had gone abroad and therefore, he could not contest the matter. In so far as he had already admitted that he was served with notice in the case, failure of the appellant to make arrangements for appearance and suffering an set exparte decree is apparently without any bonafides. However, it is found that an application to set aside exparte decree had been filed with a petition to condone the delay of 114 days. At the relevant time, it would have been appropriate that the application be allowed at least on payment of costs. Now that substantial time had elapsed and setting aside the exparte decree may result in substantial hardship to the respondents as well.

3. It is submitted by the learned counsel for the respondents that the appellant left the co