KUNTI Vs. ANAND SINGH

JUDGEMENT

(1.) THESE two appeals are taken up together and disposed of after hearing the parties and considering the materials on record by the following judgment and order.

(2.) ON 18th November, 2010, claim of the appellant pertaining to litigation expenses and maintenance pendente lite under Section 24 of the Hindu Marriage Act, 1955 was taken up for consideration. After such claims were considered, the next date of hearing was fixed as 24th January, 2011. Against the order directing payment of litigation expenses and maintenance dated 18th November, 2010, an appeal was preferred, which was disposed of on 21st December, 2010. There was no just reason for the appellant not to appear before the court below on 24th January, 2011, but by reason of, as was claimed before the court below, mistake on the part of learned lawyer for the appellant, no appearance was caused on behalf of the appellant before the court below on 24th January, 2011. ON 24th January, 2011, the date of ex parte hearing of the suit was fixed. Before that date, an application was filed for recalling the order, by which ex parte hearing of the appeal had been fixed. By the judgment and order under appeal (in one of these appeals), the learned court below has rejected the application. Subsequent thereto, the learned court below decreed the suit ex parte. Against the ex parte decree, the other appeal has been preferred.