ANIL JHAJHADIYA Vs. USHA

JUDGEMENT

(1.) The appellant has defaulted twice in filing process fee, notice and registered AD covers and the result is that till date notice in the appeal and Application No.2039/2017 in which it is prayed that delay in filing the appeal be condoned has not been issued to the respondent.

(2.) Lest it be said that a meritorious cause is being sacrificed on the alter of procedural law, we have considered the merits of the appeal concerning the impugned order dated 14.07.2017.

(3.) The impugned order shows that treating the appellant being served in the petition filed by the respondent seeking divorce on ground of cruelty the appellant was proceeded against ex-parte vide order dated 01.02.2017. The appellant filed an application under Order 9 Rule 7 of the Code of Civil Procedure praying for the order dated 01.02.2017 to be recalled. The application was filed on 19.04.2017. The application was adjourned for 005.2017. None appeared for the appellant on said date. The said application was accordingly dismissed.