KAVITA ALIAS SAIFALI D/O VISHVESCHANDRA GUPTA AND W/O PRITESH RAJNIKANT SHETH Vs. PRITESH RAJNIKANT SHETH

JUDGEMENT

(1.) This is an application at the instance of the appellant [original defendant] seeking condonation of delay of 995 days in filing the appeal against the order passed by the Family Court declining to condone the delay in preferring an application under Order 9 Rule 13 of the Code of Civil Procedure.

(2.) It appears that the husband of the applicant herein preferred the Hindu Marriage Petition No.8 of 2013 in the Court of the Principal Senior Civil Judge, Dahod for a decree of divorce under Section-13 of the Hindu Marriage Act. The H.M.P. later came to be transferred to the Family Court, Dahod. The Family Suit proceeded ex-parte as the applicant herein failed to remain present and contest the proceedings. The Family Suit ultimately came to be allowed vide the judgment and decree dated 18th May 2017.

(3.) The applicant having realized that a decree of divorce has been passed in favour of her husband thought fit to file an application under Order 9 Rule 13 of the C.P.C. to set aside the exparte decree. However, there was a delay in filing such application. In such circumstances, the applicant preferred an application for condonation of delay. Such application seeking to get the delay condoned ultimately came to be rejected. It is this order, which is now sought to be challenged by way of First Appeal before this Court. However, in the First Appeal, which is proposed to be filed before this Court, also there is a delay.