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Judgment
8 paragraphs · 257 wordsK.R. Mohapatra, J
This matter is taken up through hybrid mode.
The Petitioner in this writ petition seeks to assail the order dated 12th September, 2014 (Annexure-5) passed by learned Judge, Family Court, Berhampur in CMC No.28 of 2014 (arising out of C.P. No.106 of 2011), whereby an application filed by the Petitioner under Order IX Rule 13 CPC, has been rejected on the ground of limitation.
Since a final order has been passed by learned Judge, Family Court, Berhampur in CMC No.28 of 2014, the same is appealable under Section 19(1) of the Family Courts Act, 1984 (for brevity ‘the Act’). This Court has also held in the case of Gyanasis Jena –v- Rekha Swain, reported in AIR 2016 Ori 163 that an order passed in a petition under Order IX Rule 13 CPC is appealable under Section 19(1) of the Act. In that view of the mater, the writ petition against the impugned order under Annexure-5 is not maintainable.
Accordingly, the writ petition is disposed of with an observation that the Petitioner, if so advised, may file an appeal under Section 19(1) of the Act assailing the order under Annexure-5. While considering the question of limitation, it may be taken into consideration that the writ petition was pending before this Court from 4th December, 2014 till date.
Certified copy of Annexures-3 and 5 shall be returned to learned counsel for the Petitioner on substitution of attested photocopy thereof.
Urgent certified copy of this order be granted on proper application.
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