JAMSHEELA AND OTHERS Vs. ABOOBACKER SIDHIQUE

JUDGEMENT

(1.) The petitioner herein suffered an order of maintenance ex parte passed, against him in MC.No.139/2016 initiated at the instance of the respondents herein. The petitioner herein filed CMP.No.973/2017 in MC.No.139/2016 seeking permission to set aside the ex parte order dated 20.10.2017. The court below after detailed discussion of the contentions allowed the application, on condition that the petitioner herein shall pay 75% of the amount claimed in CMP.(Execution) 973/2017 in MC.No.139/2016 within 15 days from the date of order. It was made clear that if the amount was not remitted, the petition will stand automatically dismissed.

(2.) Ext.P3 proceedings of the court below indicates that when the case was taken up on 22.2.2018, the counter petitioner was present and the petitioner was not present. There was no representation also. Since the conditional order was not complied with, the CMP stood dismissed. This is impugned in this O.P.(Crl).

(3.) The petitioner herein contended that though the court below rightly allowed his application for to set aside the ex parte order the condition imposed was onerous. Due to financial stringency, the petitioner herein could not raise sufficient funds. Hence he could not deposit the amount within the prescribed time and consequently he remained absent on 22.2.2018. Hence the petitioner challenged the proceedings. The learned counsel for the petitioner pleaded for one more opportunity to contest the matter on merits.