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Patna High Court - Orders

Rekha Devi vs Ranjeet Sah on 26 February, 2018

Author: Ravi Ranjan

Bench: Ravi Ranjan, Prakash Chandra Jaiswal

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Miscellaneous Appeal No.321 of 2017
                 ======================================================
                 Rekha Devi
                                                                     .... .... Appellant/s
                                                 Versus
                 Ranjeet Sah
                                                                    .... .... Respondent/s
                 ======================================================
                 Appearance :
                 For the Appellant/s     : Mr. Sanjay Kumar Tiwary, Advocate.
                 For the Respondent/s    : Mr.
                 ======================================================
                 CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN
                           And
                           HONOURABLE MR. JUSTICE PRAKASH CHANDRA
                           JAISWAL
                                             ORAL ORDER

                 (Per: HONOURABLE DR. JUSTICE RAVI RANJAN)

4   26-02-2018

Re.: I.A. No. 2838 of 2017 This interlocutory application has been filed for condoning the delay of about twelve years eight months and four days in preferring this appeal.

However, it is claimed by the appellant that the impugned judgment and the decree of divorce on mutual consent under Section 13(b) of the Hindu Marriage Act was obtained by the respondent by playing fraud upon him and also upon the Court.

In such a situation, this court is inclined to issue notice to the other side, even if inordinate delay in preferring this appeal has been made.

Issue notice to the sole respondent in limitation Patna High Court MA No.321 of 2017 (4) dt.26-02-2018 2/2 matter under ordinary process as well as registered cover with acknowledgement due on requisites etc. being filed within one week after Holi Holidays, failing which this appeal shall stand dismissed without further reference to a Bench.

(Dr. Ravi Ranjan, J) (Prakash Chandra Jaiswal, J) Mishra/-

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