- (1.) Heard. This First Appeal From Order has been filed against order dated 12.5.2014 passed by Principal Judge, Family Court, Ghaziabad, in Regular Suit No. 2135 of 2011, whereby the learned Court below has rejected the application filed under Order IX, Rule 7, C.P.C. The brief facts of the case are that a suit under section 13(1), Hindu Marriage Act, 1955 was filed by the respondent. The appellant being the defendant had put in appearance. She had also moved an application under section 24 of Hindu Marriage Act which was allowed.
(2.) As per Counsel for the appellant, the appellant was regularly appearing in the regular suit, however, she could not appear on last three dates i.e., on 9.9.2013, 8.10.2013 and 25.10.2013. The learned Court below vide order dated 25.10.2013 had directed to proceed ex parte against the defendant. The order dated 25.10.2013 on reproduction reads as under:
(3.) The appellant-defendant on coming to know about the said order had moved an application for recall under Order IX, Rule 7, C.P.C. The application moved under Order IX, Rule 7, C.P.C. is on record as Annexure No. 3 to the affidavit, perusal of which indicates that the appellant had prayed for recall of order dated 25.10.2013 and provide her opportunity of hearing before passing a final order.;