SARDAR RAJINDER SINGH Vs. BHUPINDER KAUR

JUDGEMENT

(1.) THIS order shall also dispose of Misc. Appeal No. 482/97.

(2.) BEING aggrieved by the order dated 14. 2. 1997, passed in M. J. C. No. 31/96 and M. J. C. No. 32/96, the appellant has preferred Misc. Appeal Nos. 481/97 and 482/97.

(3.) MR. Tiwari, learned Counsel for the appellant submits that the Trial Court was not justified in rejecting the appellant's application for setting aside ex-park decree and for restoration of his claim for divorce. He submits that the appellant's mother was unwell from 21st July, 1996, therefore, he could not appear when the case was called on for hearing, but when he reached the Court at about 1 p. m. , met his Counsel, then only he came to know that the matter has been proceeded ex-parte before 1 p. m. According to the appellant, the Trial Court was unjustified in proceeding ex-parte in the first part of the day and secondly was also not justified in rejecting the application when it is proved on record that the did come to the Court on 23rd July. He submits that if the appellant on priority basis attended his mother, he should not be penalised for remaining absent in the Court.