IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL First Appeal No. 135 of 2011 Mohit Tripathi ….…… Appellant. Versus Judge, Family, Court, Hardwar and another ………. Respondents Mr. Chetan Joshi, Advocate holding brief of Mr. Ashish Joshi, Advocate for the appellant. Mr. K.P. Upadhyay, Addl. Chief Standing Counsel for the State / respondent No. 1. Date of Judgment: 21.11.2011 JUDGMENT Coram: Hon’ble Barin Ghosh, C.J. Hon’ble U.C. Dhyani, J. BARIN GHOSH, C.J. (ORAL) On the ground of cruelty, a suit for divorce was filed by the appellant; the same has been dismissed. 2. It is the contention of the appellant that in as much as the respondent did not enter appearance nor filed a written statement denying the allegations giving ingredients of cruelty, appellant was entitled to a decree. The fact remains, the suit was fixed for ex parte trial. The said state of affair clearly indicates that the Court exercised its power under proviso to Rule 5 of Order VIII of the Code of Civil Procedure and thereby, called upon the appellant to prove the ingredients to support his claim as put forward in the plaint. Appellant failed to depose before the Court or to produce any evidence in support of his claim as put forward in the plaint. That being the situation, the trial court had no other option but to dismiss the suit. 3. That having been done, there is no scope of interference. The appeal fails and the same is dismissed. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 21.11.2011 21.11.2011 Amit