USHA JAIN Vs. SATISH CHAND JAIN

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal, by special leave, is directed against order dated 21.04.2017 passed by the High Court of Madhya Pradesh at Gwalior in M.C.C.No.389 of 2014 whereby the High Court dismissed the application filed by the appellant under Order 41 Rule 21 C.P.C. for setting aside the ex-parte decree passed by it on 13.08.2014 in FA No.431/2006, by which the appeal was allowed and the decree of divorce was passed against the appellant-wife.

(3.) Learned counsel for the appellant vehemently contended that on the date of hearing, counsel for the appellant was not present before the High Court and the decree of divorce was passed against the appellant-wife in the absence of her counsel. A perusal of para 9 of order dated 13.08.2014, passed by the High Court, also indicates that the counsel for the appellant was not present on the date of hearing. It is also not disputed that the notice of the appeal was not served to the appellant-wife.