Gokal Chand Mital, J. - (1.) On 25th March, 1980, Rakesh Mohan Pathak obtained a decree of divorce against his wife Shrimati Kusam Lata. The limitation for filing the appeal is 30 days, After excluding the time spent in obtaining copies of the judgment and a decree of the trial Court on 28th April, 1980. Within limitation the appeal was filed by Smt. Kusam Lata. The appeal came up for ex-parte motion hearing on 17th Nov., 1981, when the Motion Bench consisting of B.S. Dhillon and S.S. Dewan JJ, adjourned the case to enable the learned counsel for the appellant to file affidavit to explain the delay which had occasioned for not refiling the appeal without any delay, when it was returned by the Registry from time to time. Ultimately, the appeal came up for hearing before the Motion Bench consisting of D.S. Tewatia and S.S. Dewan, JJ, on 3rd Dec., 1981, when the only order passed was 'Admitted'. Thereafter, Notice of the appeal was issued to the husband. After he was served, be put in two applications, one for dismissal of appeal as barred by time on the basis of facts detailed therein and the other for dismissing the appeal as in fructuous as after waiting for a long time since the passing of decree for divorce, he had remarried on 8th Oct., 1981. Both these applications were ordered to be heard alongwith the main appeal.
(2.) Before hearing of the appeal could start, the counsel for the husband pressed those applications. Accordingly, those applications were beard.
(3.) After hearing the learned counsel for the parties on these Civil Misc. applications at length, I am of the view that both the applications deserve to succeed.;