MANDEEP Vs. MEENA

JUDGEMENT

(1.) Application is allowed as prayed for Accordingly, Annexure P-1 is taken on record. FAO No. 4633-2016

(2.) The present appeal has been filed by the appellant-husband under Order 43 Rule 1 CPC and under Sec. 19 of the Family Court Act, seeking setting aside order dtd. 16/2/2016 passed by learned Family Court, Bhiwani whereby application filed by the appellant-husband for restoration of petition, which was dismissed for want of payment of costs and non-prosecution, vide order dtd. 17/10/2014, has been dismissed.

(3.) A bare perusal of order dtd. 17/10/2014 shows that on 17/10/2014, the main counsel i.e Mr. Vedpriya could not appear in person before the Court as he had gone to Chandigarh for filing an appeal against order dtd. 10/9/2014 and Mr. Sanjeev Gupta, Advocate appeared as his proxy counsel and submitted an application for adjournment of the case but the petition was dismissed for want of payment of costs and non-prosecution.