GIRJESH DHAR DWIVEDI Vs. GYATRI DEVI

JUDGEMENT

(1.) THIS revision has been directed against the order dated 28.7.1993 passed in Case Crime No. 210 of 1991 under Section 125, Cr. P.C. by the Judge, Family Court. Gorakhpur, directing the applicant to pay Rs. 1,500 per month to opposite parties No. 1 to 5.

(2.) THE learned counsel submits that the impugned order was passed ex parte without hearing the other side, though there was cogent reason on the part of the applicant to appear on that date. In the Criminal Procedure Code, there is a provision under Section 126 (2), Cr. P.C. to adjudicate the matter before the court concerned. But since the matter has become old and is barred by limitation, leave is granted to the applicant to file such an application within one month from this date. THE learned trial court on receipt of such an application shall hear the parties and decide it on merits and according to law.