SHAILESH BAJPAI Vs. POONAM KUMARI BAJPAI

JUDGEMENT

(1.) Heard.

(2.) This petition has been filed under Article 227 of the Constitution of India being aggrieved by the judgment dtd. 22/4/2024 passed by the Principal Judge Family Court, Bilaspur in Civil MJC No.12/2022, whereby, the application preferred by the wife/respondent under Order 9 Rule 13 read with Sec. 151 of the CPC was allowed and the ex- parte decree passed in Civil Suit No.294A/2018 by the Principal Judge Family Court, Bilaspur was set aside.

(3.) The question that has arisen before this Court is whether against the order passed on an application filed under Order 9 Rule 13 of the CPC, an appeal would lie under Sec. 19 of the Family Courts Act, 1984 (in short "the Act, 1984") or not. For the sake of brevity, Sec. 19 of the Act, 1984 is reproduced below :