LAWS(MPH)-1985-1-1

SIYABAI Vs. TULARAM

Decided On January 25, 1985
SIYABAI Appellant
V/S
TULARAM Respondents

JUDGEMENT

(1.) This revision is directed against an order dated 15-2-1984, passed by Judicial Magistrate First Class, Jabalpur in Criminal Misc. Judicial Case No. 9 of 1983.

(2.) The relevant facts are as under. The applicants had submitted an application under Section 125 of the Code of Criminal Procedure (hereinafter referred to as the Code) claiming maintenance. Shrimati Siyabai is the mother of applicant No. 2 Rakesh who was born t6 her from respondent Tularam., Inspite of service of notice of that application under Section 125 of the Code, respondent Tularam remained absent. Those proceedings dragged on for quite a few months and ultimately an ex-parte order was passed on 28-11-1980 allowing that application.

(3.) Thereafter, as the learned counsel for the petitioners states, respondent Tularam submitted an application for setting aside that ex-parte order, on a date in September 1981. That application was registered as a Criminal Miscellaneous Judicial Case. In that case 1-1-1982 was fixed for evidence. On that date Tularam as also his counsel were absent. That application was, therefore, dismissed in default. Tularam again submitted an application on 4-1-1982 for restoration of his earlier application which he had filed for setting aside the ex-parte order in 125 Criminal Procedure Code proceedings. This application was opposed on behalf of the present petitioners. After holding an enquiry, the trial Magistrate has allowed that application of Tularam for restoration of his application whereby he wanted the ex-parte order under 125 Criminal Procedure Code proceedings to be set aside. Aggrieved by this, the present petitioners have filed the present revision.