VEERAPPA GOUNDAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This matter comes up for orders on an office note in the following circumstances.

(2.) The facts are: S. R. No. 30122 is sought to be filed as a C. M. A. under Order 43, Rule 1(d), C. P. C. against the order o the Subordinate Judge's Court of Coimbatore passed in I, A. No. 1313 of 1951 in O. P. No. 112 of 1950 refusing to set aside the ex parte order passed earlier in I. A. No. 414 of 1950 in the same O. P. This O. P. No. 112 of 1950 was filed under Section 5(1) of Madras Act 6 of 1949 for the dissolution of the marriage of the petitioner with the respondent therein. The learned Judge passed an ex parte order in I. A. No. 414 of 1950 under Section 5, Clause 7(a) of the Act making interim provision for the expenses of prosecuting the O. P. and maintenance of the petitioner. The respondent subsequently filed I. A. No. 1313 of 1951 under Section 151 and Order 9, Rule 13, C. P. C. for setting aside that order. This petition was dismissed. Therefore this S. R. has been filed seeking to have it numbered as C. M. A,

(3.) The point for consideration is whether this C. M. A. lies to the High Court either under Order 43, Rule l(d), C. P. C. or under Section 5, Sub-sections (4) and (5) of Act 6 of 1949?