IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.474 of 2011 ARJUN CHAUDHARY --- PETITIONER Versus 1. THE STATE OF BIHAR 2. SUSILA DEVI --- OPP. PARTIES. ----------- 02 21.04.2011 The present matter has been listed under the heading for orders on petition for consideration of limitation application (I.A. No. 989 of 2011). This Court permitted the petitioner to make submissions on merit of the case. Heard learned counsel for the petitioner and the State. Petitioner is husband. He is aggrieved by order dated 07.08.2010 passed by learned Principal Judge, Family Court, Gaya in Misc. case no. 59 of 2009 whereby on a consideration of the materials brought on record by the opposite party no.2 the proceeding under Section 125 of the Code of Criminal Procedure (for short „the Code‟) was decided and the petitioner/husband was directed to pay a sum of Rs. 800/- (Eight hundred) to the opposite party no.2 and Rs. 300/- (Three hundred) each to her two sons for their maintenance. While assailing the impugned order, it is submitted that the same was passed without affording any opportunity of hearing inasmuch as no notice was duly served upon the petitioner. The trial Court in the impugned order in paragraph no.3 records as under:- “3. After admitting this case notice was issued upon the opposite party by both way 2 Nazarat and registered post. In spite of issuance of notice through registered post upon the opposite party which elapsed more than three months, the opposite party did not turn up to contest in this case. Lastly on 09.02.2010 this case was fixed for ex parte hearing.” If the case of the petitioner is that no notice was issued and served on him then the Code itself provides remedy in terms of provision to Section 126 of the Code. Accordingly, this application is disposed of by the following order:- Let petitioner approach the Court below and file an application for setting aside/ recall of the impugned order, which is said to be ex parte, in terms of the said provision of the Code within 04 weeks from today. If any such application is filed within the aforesaid time along with a copy of the present order, the same shall be considered and disposed of by the Court below in accordance with law. Since I have considered the case on merit, the issue of limitation pales into insignificance. Sym (Kishore K. Mandal, J.)