SNEHLATA Vs. KAILASH CHANDRA GUPTA

JUDGEMENT

(1.) SINCE the learned members of the Bar are abstaining from work, Mr. D.D. Sharma, husband of petitioner has appeared before this Court to argue the case

(2.) THE petitioner has challenged the order dated 7.5.2014 passed by the learned Addl. Civil Judge (J.D.) and Judicial Magistrate, First Class, No. 4, Jaipur, whereby an application filed by her under Order 8 Rule 1 and Order 9 Rule 7 read with Section 151 CPC has been rejected by the learned Magistrate.

(3.) MR . D.D. Sharma, the petitioner's husband, has pleaded the case. According to him, the petitioner had no idea that a civil suit had been filed against her till 20.7.2013. Secondly, according to him, the Vakalatnama submitted by two counsel namely Ranveer Singh Bhati and Jagdish Narayan Sharma dated 7.7.2009 do not bear the petitioner's signatures. Moreover, even the application filed by two counsels on 15.7.2009 under Order 9 Rule 7 CPC for setting aside the ex -parte proceedings does not bear the petitioner's signature. In fact, according to Mr. Sharma, these signatures are forged. Therefore, according to him, the petitioner had no knowledge about the civil suit. Thus, the petitioner should be given the right to file her reply to the suit. Lastly, in case, she is not permitted to file the reply, a grave injustice would be caused to her. Therefore, the impugned order dated 7.5.2014 deserves to be set aside.