IN THE HIGH COURT OF JUDICATURE AT PATNA CR. REV. No.587 of 2011 MD. ASLAM ANSARI, SON OF ABDUL RAHMAN ANSARI, R/O- VILLAGE KANDAR, P.S.- MAKHDUMPUR, P.O.- SAGARPUR, DISTRICT- JEHANABAD. …… Petitioner Versus NASRIN BANO @ DAULAT, W/O- MD. ASLAM ANSARI, D/O- SERAJUDDIN ANSARI, R/O- VILLAGE- KANDAR, P.S.- MAKHDUMPUR, DISTRICT- JEHANABAD, AT PRESENT RESIDING AT VILLAGE NIRPUR, P.S.- GOH, P.O.- ANKURI, DISTRICT- AURANGABAD. ……….. Opposite party. ----------- 2 17.05.2011 I.A. No. 1229 of 2011 This matter was listed under the heading “ For Orders (On Petitions)” for consideration of interlocutory application seeking condonation of delay. This Court permitted the petitioner to make submissions on merit to which he agreed. Heard. The impugned order dated 22.4.2010 passed by learned Principal Judge, Family Court, Aurangabad in Misc. Case No. 03/2009 has been assailed on the ground that the same was allowed ex-parte without valid service of notice on him. The impugned order in paragraph 2 records as under “2. In this case notice was issued but opposite party did not appear then the case was ordered to be posted for ex parte evidence.“ If the case of the petitioner is that he has not been served notice of the proceeding then the Code of Criminal Procedure (for short “ the Code”) itself provides a remedy in terms of provisions contained in Section 126 of 2 the Code. Let the petitioner approach the Court below for setting aside the impugned order in terms thereof within five weeks from today along with a copy of the present order. If any such application is filed within the aforesaid time, the learned Court below shall consider and dispose of the same on merit in accordance with law. Since I have considered the matter on merit, the question of limitation delves into insignificance. The application stands disposed of. pkj ( Kishore K. Mandal, J)