Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 5884 of 2021 Petitioner :- Smt.Nancy Samson Respondent :- Alok Amarlal Counsel for Petitioner :- Juned Alam,Mohd Hamid
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties and perused the record.
By means of this petition under Article 227 of the Constitution, the petitioner has challenged the order passed by the Principal Judge, Family Court, Lalitpur rejecting his application under Section 5 of the Indian Limitation Act, 1963 on an application under Order IX Rule 13 of Code of Civil Procedure, 1908, and thereafter, the Order IX Rule 13 application stood rejected.
In the considered opinion of the Court, an order rejecting the application seeking condonation of delay under Order IX Rule 13 amounts to a final order and disposal of misc. application confirming the ex parte decree, which, in the considered opinion of the Court is appealable under Section 19 of the Family Courts Act, 1984.
In view of the above, this petition is rejected and consigned to records with liberty to the petitioner to prefer appeal under Section 19 of the Family Courts Act, 1984.
Let the certified copies of the orders impugned be returned to the petitioner within a week after retaining photocopies of the same on record.
Order Date :- 29.10.2021 IrfanUddin