DINESH THAKUR Vs. SAKSHI BANSAL

JUDGEMENT

(1.) In this appeal, the petitioner, before the learned Judge, Family Court, Dehradun in Misc. Case No. 25 of 2020, has assailed the order passed by the Court on 17/12/2021 dismissing his application under Order 9 Rule 9 of the Code of Civil Procedure, 1908 (hereinafter referred to as "the Code" for the sake of brevity), read with Sec. 151 of the Code.

(2.) The facts of the present case are that the appellant initiated a proceeding under Sec. 9 of the Hindu Marriage Act against the respondent for restitution of conjugal rights. It was registered as Civil Proceedings No. 437 of 2019, and was dismissed for default on 14/11/2019. Thereafter, the present appellant filed another application bearing Misc. Application No. 74 of 2019 for restoration of the same, but in the meantime, he was arrested and was remanded to judicial custody from 31/12/2019 till 17/3/2020. In the interregnum, on 31/1/2020, when he was in the custody, the first Restoration Application was listed before the learned Judge, Family Court, Dehradun and was dismissed for default.

(3.) The appellant again filed Misc. Application No. 25 of 2020, out of which the present Appeal arises, for restoration of the first Restoration Application (No. 74 of 2019), which was also dismissed on 8/10/2020 holding that there was thirteen days' delay in preferring the Restoration Application, and no Delay Condonation Application was filed in the said case.