RAHUL GADODIA Vs. SWATI GUPTA

JUDGEMENT

(1.) CM No. 2806/2017 (by the appellant for setting aside the order dated 12.11.2016). CM No. 2807/2016 (by the appellant for condonation of 30 days delay in filing of application). The present application has been filed by the appellant seeking condonation of delay of 30 days in filing the application for restoration of the appeal, which was dismissed vide order dated 17.11.2016.

(2.) It is pertinent to note that on 14.10.2015, the Trial Court Record was summoned and the appeal was directed to be listed for arguments on 11.02.2016.

(3.) On 11.02.2016, appearance was entered on behalf of the respondent and learned counsel for the respondent had stated that after exhausting the statutory period of limitation for filing an appeal and on receiving a notice about the said filing, the respondent had got re-married on 03.05.2015 and the said marriage was registered on 11.05.2015. It was noted in the said order that the decree of divorce was passed by the Family Court, Central District, Tis Hazari Courts, Delhi on 02.02.2015 and the appellant had filed the present appeal on 21.03.2015, after exhausting the entire period of limitation.