TIRUKAPPA Vs. KAMALAMMA

JUDGEMENT

(1.) The appellant filed before the court of the civil Judge at Chitradurga Miscellaneous Petition No. 97 of 1962 against his wife under Section 10 of the Hindu Marriage Act praying for a decree for judicial separation. The said petition was filed on 16th October 1962. The respondent appeared on 22nd December 1962 and was granted time to file her objections till 19-1-1963. After receiving her objections on the latter date, the matter was posted for evidence to 23rd February 1963. As the Judge was on casual leave on the said date, it was adjourned to 30th March 1963. On the date, it was adjourned at the request of the appellant petitioner's counsel. Four similar adjournments followed at the request of the petitioner's counsel until on 1-2-1964 the Civil Judge came to passes the following order.

(2.) It is stated that the appellant has also filed before the civil Judge an application under Rule 9 of Order IX of he Code of Civil Procedure to set aside the same order dismissing his petition for default.

(3.) Mr. Shankarlingappa, learned counsel for the respondent, has raised a preliminary objection contending that the appeal before this Court is not maintainable firstly on the ground that the order appealed from cannot be said to be an appealable order at all, and alternatively on the ground that the appeal is barred by the petitioner having chosen to move the lower Court under Rule 9 of Order IX of the Code of Civil Procedure.