Neutral Citation No. - 2025:AHC:109901 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 16754 of 2025 Applicant :- Chandan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Sunil Kumar Srivastava, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to set-aside the order dated 29.08.2024, whereby the Family Judge, proceeded the case ex-parte against the applicant as well as order dated 15.10.2024 passed by Principal Judge Family Court, Mainpuri in Misc. Case No. 554 of 2020 whereby the Principal Judge Family Court dismissed the application 18-B of the applicant and proceeded the case ex-parte and fixed 29.10.2024 for argument. Learned counsel for the application submits that the impugned order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that on 20.07.2024 a recall application to proceed ex- parte order has been allowed on payment of cost of Rs. 250/-. It is further submitted that on 29.08.2024, which is next date an order has been passed that the order dated 20.07.2024 automatically vacated, the cost, as imposed has not been paid. There is no stipulated time as fixed for payment of cost in order dated 20.07.2024. In view of the facts and circumstances, the order dated 29.08.2024 is modified with a direction to the applicant to deposit the cost as awarded by the 20.07.2024 within 15 days form today. In view of the above, the present application is disposed of accordingly. Order Date :- 10.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad