PURBA RAY CHAUDHURI Vs. SAMIK RAY CHAUDHURI

JUDGEMENT

(1.) This is an application filed by the wife, respondent in Matrimonial Suit No. 95 of 2018 pending before the learned Additional District Judge, 13th Court at Alipore. The petitioner has challenged the order dated November 18, 2019 passed by the learned court below by which the application filed by the petitioner/wife for recalling of the Matrimonial Suit from the ex parte board was rejected and the right of the wife to file written statement was denied.

(2.) The learned court below proceeded on the basis of the provisions of Order 8 Rule 1 and Order 8 Rule 10(A) of the Code of Civil Procedure. The learned court below also referred to the proviso inserted by the Rule Committee of the Calcutta High Court.

(3.) Records reveal that the suit was filed on April 30, 2018 and summons were not received before June 6, 2018. The learned court fixed July 10, 2018 for receiving AD card. On June 6, 2018, later the petitioner of the Matrimonial suit handed up a copy of the postal track report before the learned court which showed that the wife had received the copy of the plaint and was aware of the proceeding. The learned court took the said service as good service and fixed the suit for ex parte hearing without fixing any date for filing written statement or appearance of the wife. On June 8, 2018, the petitioner appeared and filed an application for recalling of the order fixing the suit for ex parte hearing on July 10, 2018. On August 8, 2018, September 29, 2018, January 19, 2019, the application filed by the wife for removing the suit from the ex parte board could not be taken up because either the presiding officer was on leave or there was a resolution of the local bar. On January 24, 2019 it appears that the wife/petitioner also filed applications under Section 24 and 26 of the Hindu Marriage Act. Thereafter, again there has been resolutions of the local bar on account of which the suit did not proceed. All these orders were passed by the learned Additional District Judge, 14th Court, Alipore where the Matrimonial Suit which was originally numbered as Mat Suit No. 1249 of 2018, was pending. Thereafter, the said Mat Suit was transferred to the learned Additional District Judge, 13th Court, Alipore and the same was renumbered as Mat Suit No. 95 of 2019. Such transfer of the Mat Suit was on the basis of an order of the learned District Judge dated August 9, 2019.