ROGESTER MANIH Vs. LIVIACY MYLLIEM UMLONG

JUDGEMENT

(1.) This civil revision application is directed against the order dtd. 29/8/2019 passed by the learned Additional Judge, District Council Court, Khasi Hills Shillong in Divorce Suit No. 26 of 2018, whereby an ex parte order dtd. 8/6/2018 passed against the respondent in the said Divorce Suit was recalled and the case was directed to proceed according to merits.

(2.) Mr. P. Shati, learned counsel for the petitioner submits that the petitioner had instituted a Divorce Suit and due to the non-appearance of the respondent, the same proceeded ex parte. Thereafter, he submits an ex parte Judgment and Order dtd. 27/7/2018, as well as the final decree dtd. 30/7/2019 was passed by the Court below, dissolving the marriage. He further submits that the respondent filed an application before the learned Trial Court seeking restoration of the Divorce Suit, however, the restoration application came to be dismissed for default. Thereafter, he submits the respondent again filed a second application dtd. 16/4/2019 before the learned Trial Court seeking restoration of the Divorce Suit.

(3.) The learned counsel for the petitioner further submits that the restoration application that has been filed before the learned Trial Court was not in order, inasmuch as, the respondent should have filed a proper application for restoration of the earlier application for restoration and also explaining the delay that has been caused in filing the said application.