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Judgment
4 paragraphs · 169 wordsThis appeal is directed against the judgment & decree dated 07.10.2022 passed by the Additional District Judge, Sumerpur, District Pali, whereby the said Court has passed ex-parte decree dissolving the marriage between the appellant & the respondent.
A perusal of the record indicates that against the ex-parte decree, the present appeal has been filed and the plea taken in the appeal essentially is for seeking setting aside the ex-parte decree. For seeking setting aside the ex-parte decree, the appellant is first required to approach the court, which passed the ex-parte decree under Order IX, Rule 13 CPC. The appeal against the judgment & decree dated 07.10.2022 could only be filed on its merit.
In view of the above fact situation, learned counsel for the appellant seeks withdrawal of the appeal with liberty to approach the trial court by way of appropriate proceedings including application under Order IX, Rule 13 CPC.
Consequently, the appeal filed by the appellant is dismissed as withdrawn with liberty as aforesaid.