- (1.) THE present appeal is filed under Section 19 of the Family Courts Act against the order dated 14-5-2002 passed by Family Court, Meerut whereby the Family Court has rejected the application of the appellant moved under Order IX, Rule 13 C. P. C. read with Section 151 C. P. C.
(2.) WHEN the aforesaid appeal was presented in the Registry, the office has raised an objection to its maintainability in view of Section 19 (5) of the Family Courts Act. The learned Counsel for the appellant, Sri K. M. Garg contended that the present appeal is maintainable within the meaning of Section 19 of the Family Courts Act and the office report deserves to be overruled. We have given our thoughtful consideration to the argument raised by Sri Garg, learned Counsel for appellant and we are of the opinion that there is substance in the argument raised by the learned Counsel for appellant. The office report deserves to be overruled for the reasons given herein below.
(3.) A close scrutiny of Section 10 of Family Courts Act clearly provides that subject to the other provisions of this Act and the Rules the provisions of Code of Civil Procedure, 1908 and of any other law for the time being in force shall apply to the suits and proceedings other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973 before a Family Court and for the purposes of the said provisions of the Code, Family Court shall be deemed to be a Civil Court and shall have all the powers of such Court. It is evident from perusal of Section 10 of Family Courts Act that provisions of Civil Procedure Code are applicable to the proceedings before the Family Courts. It would be pertinent to observe here that provisions encoded in Civil Procedure Code are based on principle of natural justice and fair play, hence all the provisions of Civil Procedure Code are made applicable to the proceedings before Family Courts within the meaning of Section 10 of the Family Courts Act. It is true that right to file an appeal is creation of a statute, therefore, the controversy involved in the present case deserves to be examined with reference to statutory provisions.;