PRADEEP Vs. JIJI

JUDGEMENT

(1.) This appeal is directed against an ex parte order directing the appellants herein to pay a total amount of Rs.1,04,000/- along with interest and cost. The respondent/wife is the claimant and the appellants, her husband and mother-in-law, were the respondents before the court below. The appellants herein were set ex parte and the court below proceeded to pass the impugned ex parte order. Challenge is raised in this appeal against the said impugned ex parte order.

(2.) The crux of the contention is that the appellants have been wrongly set ex parte. To a pointed query by us it is submitted that an application was filed to set aside the ex parte order after condoning the delay of 183 days in filing the petition. That petition was allowed by the court below directing payment of an amount of Rs.10,000/-, which was permitted to be adjusted towards maintenance amount payable under an order passed in M.C.No. 161 of 2000. That amount was not paid and hence the court below had proceeded to dismiss the applications for condonation of delay and for setting aside the ex parte order.

(3.) A copy of that common order dt.11.11.2005 in I.A. 2303 of 2005 and I.A. 2304 of 2005 in O.P. 1023 of 2003 is placed before us for our perusal. That order has not been challenged. But notwithstanding the omission to challenge the said order, we reckon that this appeal is virtually an attempt to challenge the said order also.