PETER AGNELO DANNEY ESTIBERIO Vs. REENA COLACO

JUDGEMENT

(1.) Heard. Admit. Mr. Agni, learned Counsel waives service for the respondent. Heard finally by consent of the parties.

(2.) The petitioner had filed Matrimonial Petition No. 17/2013/B before the learned Civil Judge Senior Division, Panaji, Goa, against the respondent for dissolution of marriage. It appears that the said petition was dismissed in default on 31.10.2013. The petitioner filed Civil Miscellaneous Application No. 72/2013/B, for restoration of the petition under Order 9 Rule 4 and Section 151 of the Civil Procedure Code. The learned trial Court framed two points, namely, (1) whether the petitioner has made out sufficient cause for not appearing before the Court on 31.10.2013 and (2) whether the application is barred by limitation.

(3.) Insofar as the first point is concerned, the learned trial Court has answered the same in the affirmative. However, on the second question, the learned trial Court found that the application was not filed within the period of limitation. It was held that considering the period being spent in obtaining the certified copy, the application should have been filed on 03.12.2013. However, the application was filed on 04.12.2013. The net result is that on account of a day's delay, the application for restoration was rejected.