M.Y.EQBAL,J. - (1.) IN this application purported to have been filed under Section 151 of the Code of Civil Procedure, the petitioner has prayed for recall of the order dated 18.5.2004 passed in F.A. No. 85 of 2000 and to allow her to pursue the appeal.
(2.) THE facts of the case lie in a narrow compass: The O.P. - Rajesh Kumar filed a matrimonial suit being M.T.S. No. 4 of 1990 in the Court of the District Judge, Hazaribagh against the appellant for dissolution of marriage and for a decree of divorce. The suit was filed by the respondent on the ground of cruelty and desertion. The suit was decreed by the Additional District Judge, Hazaribagh in terms of judgment dated 7th June, 2000. The petitioner -wife being aggrieved by the said judgment and decree preferred appeal before this Court being F.A. No. 85 of 2000. The appeal was admitted on 10.1.2001 and notices were issued fixing 22.2.2001 for hearing. It appears that on 13.5.2004 an application was filed by the petitioner -appellant stating that due to personal reasons, she was not interested to pursue the appeal and accordingly sought leave of the Court to withdraw the appeal unconditionally. This Court by order dated 18.5.2004 allowed the prayer and disposed of the appeal as withdrawn. The order dated 18.5.2004 passed in F.A. No. 85 of 2000 is reproduced herein below: Heard learned Counsel for the appellant on I.A. No. 1054/2004 at flag -X and also heard learned Counsel for the respondent. Through this application, a prayer has been made on behalf of the appellant to withdraw this appeal. In that view of the matter, the prayer is allowed and this appeal is disposed of as withdrawn. The I.A. No. 1054 of 2004 stands disposed of.
(3.) AFTER two months, this application has been filed by the appellant -petitioner for recall of the aforesaid order. In this application, the petitioner has narrated the facts in detail stating the reasons of withdrawal of the appeal. It is stated that after the appeal was admitted and notices were issued to the respondent, the appellant -petitioner and her family members received information from her in law's place (Sasural) in April, 2004 that that her husband and her in -laws are ready to reconcile the matter and they are agreeable to keep her in her matrimonial home Accordingly, on 1.5.2004, the petitioner along with her father and brother went to her in -law's place where the matter was amicably settled between the parties. The parents of the petitioner -appellant left the appellant in her matrimonial home on 1.5.2004 and returned back to their village. Thereafter, the respondent -husband and. his parents requested the appellant that since the matter has already been settled, she should withdraw First Appeal No. 85 of 2004 pending before this Court. On 13.5.2004, the husband of the petitioner -appellant brought her to Ranchi and they went to the Office of the conducting counsel and expressed their desire to withdraw the First Appeal. Accordingly, a petition was drafted and filed on 13.5.2004 with a prayer to permit the appellant to withdraw the appeal. As stated above, this Court by order dated 18.5.2004 disposed of the appeal as withdrawn. ;