Section 151cpc and limitation period


Dear Experts, their is a situation arises & your advices are needed.
husband filed divorce case at Kanpur Family court u/s 13 HMA-1955, in 2014, January (which is still pending), afterwards wife contested it till 2016 November than stop coming resultant into Ex-partae against wife.
wife filled divorce case at Jaipur F.C under section 13 HMA. husband appears but his presence at High court in other proceedings could not appear on two occasions dates, wheras FC Jaipur proceeded Ex-partae against the husband & passed final order / decree against husband.
husband than filed recall application U/s O 9 R 13 CPC which goes Ex-partae against wife because of her non-appearance. now husband leads his evidence in form of a affidavit along with high court orders certified copy which clearly mentioned husband apprance before high court (on the day fixed at family court Jaipur.)
FC rejected husband application u/s O 9 R 13 CPC by saying even high court order is not showing petioners presence before high court on the day fixed at F.C Jaipur. it's clearly shows intension of F C in rejecting husband application.
my question :
1.) whether husband can file an application U/S 151 CPC before same F C Jaipur for review her own final order in the light of high court exhibit order sheet which clearly mentions petitioner's presence before high court, when the case called at F.C jaipur.?

2). Wether condonation of delay application is to be made with it, as 20 days had passed after getting Certified copy?

kindly help urgently.
Regards,
DVK.
 
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Litigator GROSON ADVISORS

what is your interest in the case? 

 
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it's my relatives case. He is completely confused after getting so much of advices. please help.
 
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Litigator GROSON ADVISORS

you mention your relative is getting confused with lots of advices, however your question herein is very specific. hasn't your relative consulted and hired an advocate? what is his advice? it may be that he is suggesting a different route to achieve the same end. if you be so kind, kindly share the advices received by your relative, through advocate or others. 

and I have, nevertheless, answered your query. 

1. yes you can file an application for review, it can be done under certain circumstances, which includes the case put herein by you. but it cannot be said that the order will be in your relatives favour. 

2. yes along with an application for condonation of delay. it is a must.

 

 
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Thanks Aditya, for your valuable reply. it will help a lot. Regards.
 
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Brother, in this case, you should heir a lawyer-Advocate. well, I am not an advocate I just suggest you the best lawyer who can solve your problem. Expert of the divorce case.

 
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