Hon'ble Yogesh Chandra Gupta,J.
1. The appellant filed a petition for divorce under Section 13 of the Hindu Marriage against the respondent. This petition was dismissed on 13.7.1992. The appellant has filed the present appeal against the same.
2. It appears that between the parties, certain criminal matters were also going on and a compromise was entered into between the parties on 6.4.1999.
3. The appellant filed an application No. 69173 of 1999 dated 18th March, 1999 along with an affidavit annexing the copy of the compromise for early date for disposal. The appeal was taken up on 17.11.2003 and on that date on the statement made by counsel for the appellant that as the parties have entered into compromise, the appeal may be dismissed. Accordingly, it was dismissed. Thereafter the appellant has filed an application No. 23115 of 2003 to recall this order
5. The appeal was already dismissed and only the recall application was pending, however, it appears that appeal was again dismissed for default for non-prosecution on 8.7.2009. This order was recalled on 23.7.2010. This appears to be mistake as the appeal was dismissed on 17.11.2003. There was no question dismissing it for default on 8.7.2009. This order might be for the application filed to recall the order dated 17.11.2003.
6. Be as it may, the application No.231115 of 2003 has not been decided: The order dated 8.7.2009 has been recalled; it is necessary to decide the recall application. No notice has been issued to the respondent on this application.
7. The notices are issued to the respondent by registered post on this application.
Order Date :- 7.3.2011/NS Court No. - 40 Case :- FIRST APPEAL No. - 552 of 1994 Petitioner :- Mahesh Chand Saxena Respondent :- Reeta Saxena Petitioner Counsel :- Ajit Kumar,A.K. Srivastava,B.D. Mandhyan,Kuldeep Saxena,Pradeep Saxena,R.C. Kandpal,Raj Kumar Khanna,S.A.N. Shah,S.C. Mandhyan,Satish Mandhyan Respondent Counsel :- M.C. Agarwal Hon'ble Yatindra Singh,J.
Hon'ble Yogesh Chandra Gupta,J.
Issue notice to the respondent by registered post.
This application may be listed for orders after service upon the sole respondent.
For order, see order on the order sheet.
Order Date :- 7.3.2011 NS