MADAN MOHAN SHARMA Vs. SHAKUNTALA SHARMA

JUDGEMENT

(1.) HEARD on LA. No. 3585/04 for substitution of legal representatives of the appellant. This application is opposed by the respondent on the ground that after the death of appellant Madan Mohan Sharma, right to sue does not survive and the appeal has abated.

(2.) FACTS of the case are that a petition for divorce was filed by the appellant before the Family Court. Decree for divorce was granted. After the decree for divorce was granted, an application under Order IX Rule 13, CPC for setting aside ex parts decree was filed by the respondent. Family Court allowed the application and set aside the decree for divorce. Order by which decree has been set aside has been challenged in this appeal.

(3.) QUESTIONS arise in this appeal is whether order allowing application under Order IX Rule 13, CPC is appealable under Section 19 of the Family Courts Act.