NEHA SINGH Vs. RITA SINGH

JUDGEMENT

(1.) Petitioner seeks condonation of delay of 15 days in filing the petition. It is contended that the case file got misplaced in the office of the counsel for the petitioner on account of certain administrative improvements being done in the office. Subsequently, when the file was discovered the same was filed with the delay of 15 days.

(2.) Petitioner impugns order dated 28.08.2017 whereby the application of the petitioner under Order 9 Rule 13 seeking setting aside of ex-parte decree dated 25.07.2013 has been dismissed.

(3.) The application has been dismissed primarily on the ground that the decree was passed on 25.07.2013 and application has been filed on 02.03.2015 beyond the period of limitation without an application seeking condonation of delay. Further, it is held that the applicant was not a party to the suit in which the consent decree was passed and the Court could not in said application make an enquiry as to whether she (applicant's mother) was the wife of the decreased petitioner or not or whether the plaintiff had converted to Islam or as to the validity of the second marriage of the plaintiff.