MST. KIRAN DEVI Vs. ABDUL WAHID AND ANOTHER

JUDGEMENT

(1.) THIS is a revision under S. 115, C.P.C. by Smt Kiran Devi alias Sona against the order, dated 10-8-1962 of the District Judge of Aligarh dismissing her application under O. IX, R. 13, C.P.C. read with S. 141, C.P.C. for setting aside the ex parte order passed in the proceeding under S. 25 of the Guardians and Wards Act started on the application of Abdul Wahid, opposite party No. 1. It is not clear why his brother Jia Uddin, opposite party No. 2, was impleaded in the revision. It may be that he was assisting his brother, Abdul Wahib.

(2.) THE present application under S. 25 of the Guardians and Wards Act was made on 2-2-1960 with the allegations that the two minor daughters of Smt. Kiran Devi were born through the applicant, Abdul Wahid, and he being the father was their lawful guardian and was entitled to their custody. It was prayed that the Court be pleased to make an order for their return and for the purpose of enforcing the order may cause the minors to be arrested and given into his custody. The application was allowed ex parte under order, dated 23-7-1960 but the ex parte order was later set aside on 17-12-1960, 11-2-1961 was in due course fixed for the hearing of the application under S. 25 and when Smt. Kiran Devi did not attend the Court ex parte proceeding was taken and an order in favour of Abdul Wahid was passed.

(3.) THE restoration application was made more than 30 days after the passing of the ex parte order. The learned District Judge was of opinion that the prescribed period of limitation for making the restoration application was 30 days and as the application was made beyond time, it was liable to dismissal. The District judge did not enter into the merits and did not record a finding whether there was or was not a sufficient cause for non-appearance in Court on the date the ex parte order was passed.