Smt. Nirja Patel v. Sanjay Rathore

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR FAM No. 4 of 2017 • Smt. Nirja Patel W/o Sanjay Rathore, D/o Puranjan Singh Patel, Caste Aghariya, R/o Village Kirari D, Tahsil Dabhara, District JanjgirChampa, Chhattisgarh, Posted As Shiksha Karmi Grade- III, Baniyadih Ponsara, P.S. Koni, Tahsil And District Bilaspur, Chhattisgarh.

---- Appellant

Versus

• Sanjay Rathore S/o Manharan Lal Rathore, Aged About 25 Years R/o Chandaniya Para Janjgir, District Janjgir-Champa, Chhattisgarh, Posted As Shiksha Karmi Grade-02, Village Palari-Khurd, P.S. Baradwar, Tahsil Sakti, District Janjgir-Champa, Chhattisgarh. --- Respondent For Appellant : Ms. Rashmi Sen, Advocate For Respondent : Shri Sumit Singh, Advocate D.B.: Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Vimla Singh Kapoor Order on Board Per Manindra Mohan Shrivastava 15/10/2019 This case is listed on default, as paper book has not been filed. Learned counsel for the appellant submits that despite repeated communication no instructions are being received. This is an appeal against ex-parte judgment decree passed against the appellant.

As the appellant pleads no instructions, this appeal is dismissed for want of prosecution. It is made clear that order shall not come in the way of the appellant in applying for setting aside ex-parte judgment and decree, which is impugned in this appeal and for the purpose of limitation the appellant would be entitled to benefits available to him under the law as provided under Section14 of the Limitation Act.