Ram Chandra Das v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23539 of 2015 Arising Out of PS. Case No.- Year-1111 Thana- District- ====================================================== Ram Chandra Das son of Gopal Das, Resident of village- Bojhayal, P.OMudwaro, P.S- Khaira, Dist- Jamui ... ... Petitioner/s

Versus

1.

State Of Bihar and Anr 2.

Malo @ Malti Devi w/o Ram Chandra Ravidas, D/O- Dayal Das, resident of village-Bojhayat, P.S- Khaira, Dist- Jamui, presently resident of villageGanda, P.S- Sono, Dist- Jamui. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Naresh Dass For the Opposite Party/s :

Mr. Lalan Kumar App ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT Date : 02-12-2019 This petition has been filed for setting aside the ex parte order dated 21.10.2014 passed in Maintenance Case No. 74M of 2013 passed by Principal Judge, Family Court, Jamui by which the learned Court has granted maintenance of Rs. 3,500/- per month to be paid to opposite party no. 2 and her children by the petitioner. Petitioner is aggrieved by the ex parte order and states that no notice was served upon him as such he could not appear and the order was passed ex parte under section 125 Cr.P.C. It has been submitted on behalf of petitioner that order of maintenance has been passed ex parte without any notice to him. Under section 126(2) of Cr.P.C. there is provision

Patna High Court CR. MISC. No.23539 of 2015 dt.02-12-2019 2/2 that if an ex parte order has been passed against a party without proper notice, he has liberty to file an application for setting aside the ex parte order and the court below on being satisfied that no notices were validly served upon him can recall ex parte order. Learned counsel for the petitioner is granted liberty to avail the remedy as provided under Section 126(2) of Cr.P.C. for recall of the ex parte order. If any such application is filed by petitioner for recalling of ex-parte maintenance order on the ground that no notice was served upon him then the court shall consider such application after granting opportunity and hearing to both parties and shall pass appropriate order on such petition preferably within three months from the date of receipt of such application.

Criminal Miscellaneous is disposed of.

(S. Kumar, J) Ranjeet/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.12.2019 Transmission Date 05.12.2019