SANJAY TYAGI Vs. RITA TYAGI

JUDGEMENT

(1.) BY way of this writ petition the petitioner Sanjay Tyagi has prayed for issuing a writ in the nature of certiorari quashing the impugned orders dated 11.12.2001 and 25.01.2002 passed by Civil Judge (S.D.), Roorkee and Additional District Judge, Roorkee respectively (Annexure No.6 and 7 to this petition).

(2.) BRIEF facts giving rise to this petition are that the petitioner Sanjay Tyagi filed a suit under Section B of the Hindu Marriage Act which was decided ex -parte in his favour on 09.02.2000. When the respondent -Smt. Rita Tyagi who is the wife of the petitioner gained knowledge of the aforesaid ex -parte decree, she immediately contacted her counsel and filed an application on 09.05.2000 under order 9 rule 13 C.P.C. read with Section 151 C.P.C. for setting aside the ex -parte decree. The petitioner along with her application filed an affidavit stating therein, she in fact did not receive any summon or notice and she had also no knowledge with regard to the pendency of the aforesaid case. She came to know with regard to the ex -parte decree only on 08.05.2000 for the first time and immediately she contacted her counsel and filed the application on 09.05.2000 for setting aside the ex -parte decree.

(3.) THE application filed by respondent -Smt. Rita Tyagi was objected by the petitioner before the court below who filed an objection therein. The main contention which was pleaded in the objection filed by the petitioner before the court below was that the restoration application for setting -aside the ex -parte decree was filed beyond the prescribed period of limitation. It has also been pleaded that no sufficient reason has been given by Smt. Rita Tyagi in her application and affidavit for her absence before the court on the date fixed.