BASANT KUMAR JHA Vs. MITHLESH JHA

JUDGEMENT

(1.) FAMILY Court, Ajmer vide judgment and decree dated January 29, 2005 dismissed the petition moved by basant Kumar Jha (hereinafter referred to as 'husband') against Smt. Mithlesh Jha (hereinafter referred to as 'wife') under section 13 of the Hindu Marriage Act, 1955. Being aggrieved by the said judgment and decree the husband preferred Civil Misc. Appeal. When the appeal was called for hearing the wife and her counsel did not appear and this Court vide judgment dated May 30, 2007 allowed the appeal. Now the wife has filed application under O. 41, R. 21 of the code of Civil Procedure seeking rehearing of appeal.

(2.) WE have heard learned counsel for the parties and carefully weighed the material on record.

(3.) A look at the order sheets dated May 14, 2007 and May 28, 2007 demonstrates that neither the wife nor her counsel appeared before this Court and the Court proceeded to hear and decide the appeal ex parte in view of sub-rule (2) of Rule 17 of order 41, C. P. C.