MUSAMMAT GODHNI Vs. SHYAM LAL

JUDGEMENT

(1.) This is an appeal from an order of the District Judge of Azimgarh, refusing to restore an appeal which was decreed ex parte on the 4 of June 1920.

(2.) The appellant before as is Muiammat Godhni, who was defendant in a suit for restitution of conjugal rights.

(3.) The suit against her was dismissed in the Court of first instance on the ground that the plaintiff had failed to prove that Musammat Godhni was his wife. The plaintiff then appealed to the District Judge. We have referred to the order-sheet, which shows that in the first instance the 8 of April was fixed for the first hearing of the appeal. On that date Musammat Godhni entered an appearance by a Vatalatnama signed by two Pleaders on her behalf. So far as she was consented, therefore, she was ready to go en with the hearing of the appeal on the date in question.